Chapter 27. Streets, Sidewalks and Public Places

The use of the streets, alleys and public places of the city, except for the purposes of use by public utilities in the furtherance of their services to the public of the city and for the purpose of passage by the public, is hereby prohibited; provided that the city council may, when the same is in the public interest and for the health, safety and general welfare of the inhabitants of the city, issue temporary permits for such uses of the city's streets, alleys and public places as will not unreasonably interfere with the aforesaid uses thereof by public utilities and by the public for passage, but in no event for a term longer than six (6) months.

(Ord. No. 900, § 1, 2-4-1957)

(a) It shall be unlawful for any person to place in or on or permit any object or materials to be placed or remain in or on any of the ditches, drains or alleys of the city so as to in anywise obstruct the same.

(b) Every day any such objects or material shall be permitted to remain in or on any such ditches, drains or alleys of the city, after notice has been given to remove the same, shall constitute a separate offense.

(Ord. No. 304, § 2, 3-6-1941)

All streets, sidewalks, alleys, curbs, gutters and other public ways and appurtenances thereto shall be constructed, reconstructed, altered or repaired in conformity to plans and specifications therefor promulgated by the city manager and approved by the city council.

It shall be unlawful for any person to construct or maintain, any drain into a public street from private property where the same has been laid for the purpose of draining surface water from said private property, or for the purpose of taking care of rainwater, and water from the roofs of buildings on private property, unless said drain shall be laid from the property line to the street, curb or ditch and be constructed entirely of clay or concrete sewer pipe, or durable and substantial metal pipe, and shall be laid entirely underneath the surface of the ground in the sidewalk, and shall be covered at all points where the same crosses under said sidewalk, and in the event such drain shall cross under a cement or concrete sidewalk, there shall be not less than two (2) inches of concrete on top of such drain or pipe, and the surface of the sidewalk where said pipe shall cross the same shall be made to conform in height and level to the balance of said sidewalk.

(Ord. No. 473, § 1, 11-21-1951)

(a) It shall be unlawful for any person to operate a motorized vehicle of any kind on a public sidewalk. This prohibition shall not apply to motorized wheelchairs, scooters, or other devices operated by a person with a disability.

(b) It shall be unlawful for any person to place personal items on a public sidewalk or to sit or lie down on a public sidewalk. This prohibition shall not apply to wheelchairs, walkers, or other devices used by a person with a disability.

(c) It is an affirmative defense to any prosecution under subsection (b) above that the person is:

(1) sitting or lying down because of a medical emergency;

(2) operating or patronizing a commercial establishment or governmental function conducted on the sidewalk pursuant to a permit authorized by the city;

(3) participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event lawfully conducted on the public sidewalk;

(4) sitting on a public bench installed on a public sidewalk; or

(5) placing personal items on a public sidewalk while waiting to board a bus at a designated bus stop.

(d) Prior to taking action to enforce subsection (b) above, any law enforcement officer observing a violation of subsection (b) shall first notify the person engaged in the prohibited conduct that they are in violation of this section and give the person a reasonable amount of time under the circumstances to cease the prohibited conduct.

(Ord. No. 25-106, § 1(Exh. A), 11-17-2025)

(a) It shall be unlawful for any person to place, lay out, grade, construct or reconstruct any facility, improvement, equipment or other thing, along, across, on, over, through, above or under any public street, avenue, alley, public grounds, easement or public place within the city, without having first obtained a permit duly issued under the terms and provisions of this article.

(b) Any person desiring to place, lay out, grade, construct or reconstruct any facility, improvement, equipment or other thing, along, across, on, over, through, above or under any public street, avenue, alley, public grounds, easement or public place within the city, shall first obtain a permit for such work from the building official of the City of Bellaire. Any person desiring such permit shall first file an application therefor with the building official, which application shall be in a form as prescribed by the said building official. Such application shall be accompanied by plans for the work contemplated, which plans shall be approved by a registered, licensed engineer, duly licensed and registered in the State of Texas, as evidenced by the signature and seal of said engineer on the face of said plans; and in addition to the signature and seal of such registered and licensed Texas engineer, such engineer shall certify, either on the face of the plans or by separate instrument attached to such plans, the following:

(1) Such plans are in accordance with all of the terms and provisions of the Code of Ordinances of the City of Bellaire.

(2) Such plans are in accordance with usual and customary engineering practices and standards.

(3) The proposed construction, when completed, will not adversely affect adjacent properties or improvements or other properties or improvements within the City of Bellaire, as it relates to storm water runoff and detention, and sanitary sewer flows and water pressure, and/or other factors as they relate to good engineering practices.

In addition thereto, along with the plans and certificate, as herein required, a statement shall also be filed as to when the proposed construction or reconstruction is to commence and when the proposed construction or reconstruction is to be completed.

(c) Upon receipt of such plans and certificate, as herein required, the building official shall, as soon as possible thereafter, bring such plans to the attention of the city manager of the City of Bellaire and the following designated employees of the City of Bellaire, who shall each certify as hereinafter set out:

(1) Secretary of the planning and zoning commission shall certify that the plans, as submitted, have been examined and are in general accord with all the provisions of chapter 24 of this Code.

(2) The director of the water department shall certify that the plans, as submitted, have been examined and are in general accord with all provisions of chapters 9 and 31 of this Code, as the same relate to water systems.

(3) The director of wastewater control shall certify that the plans, as submitted, have been examined and are in general accord with all provisions of chapters 9 and 31 of this Code, as the same relate to sanitary sewer systems.

(4) The fire chief of the City of Bellaire shall certify that the plans, as submitted, have been examined and are in general accord with all provisions of chapters 9 and 31 of this Code, as the same relate to fire safety and fire prevention.

(5) The director of streets and bridges shall certify that the plans, as submitted, have been examined and are in general accord with this chapter and all other applicable sections of this Code.

(6) Such other employees as the city manager may designate, who shall each certify that the plans, as submitted, have been examined and are in general accord with all provisions of this Code, as the same relate to such individuals' work and responsibilities as employees of the City of Bellaire.

In addition, the building official of the City of Bellaire shall certify that the plans, as submitted, have been examined and are in general accord with all provisions of chapter 9 of this Code and all codes adopted thereunder.

(d) The city council of the City of Bellaire does hereby delegate to the city manager of the City of Bellaire the power to establish a schedule of fees for any application submitted under the terms and provisions of this section. Under the terms and provisions of this Code, such schedule may be changed or modified from time to time, and the same shall at all times be on file in the office of the city clerk of the City of Bellaire.(e) Upon review and certification and payment of the fee as herein required, a permit shall be issued, which permit shall be valid only for the work contemplated and for a specific number of days as stated therein, which number shall not exceed by more than ten days, the number of days stated by applicant as necessary for completion of the work.

(Ord. No. 78-029, § 1, 4-17-1978; Ord. No. 21-068, § 11, 11-15-2021)

(a) At all times during the progress of the work contemplated under the permit issued pursuant to section 27-16 of this article, the work site and all areas surrounding the same, shall be available for reasonable inspection by the building official of the City of Bellaire or his designee; and failure to permit such continuous access shall be grounds for revocation of a permit and further shall constitute a violation of the terms and provisions of this Code.

(b) Any changes or modifications in the plans or any deviations from the plans filed to obtain the permit herein required, shall be reported immediately to the building official; failure to report such changes shall constitute valid grounds for not issuing a completion certificate and shall constitute a violation of this Code. If such changes are not deemed to be significant by the building official, he shall issue a waiver, and the work may progress under the original plans, subject to such waiver. The waiver issued by the building official shall specify the deviation or change, if any, from the original plans previously filed or in the work completed not in accord with such plans.

(c) In the event, for any reason, the work as herein contemplated cannot be completed before the expiration of the permit, as provided in section 27-16 of this article, then an application shall be filed for an extension of such permit. Upon such application for extension, the applicant shall state the reason for requesting an extension, and shall make a definite statement that the work contemplated under the permit will be completed within the time specified in the request for extension. An extension may be granted for such period of time as requested or such lesser period as the building official shall determine.

(d) A completion certificate must be issued by the building official before any work contemplated under this article shall be deemed finally completed; the issuance of such certificate is a necessary prerequisite to the use or occupancy of any improvements or work constructed. Such certificate shall only be issued after the following requirements have been met:

1. The permittee shall file his request for the issuance of a completion certificate, in a form as shall be prescribed by the building official.

2. Upon filing of his request, the permittee shall simultaneously submit to the building official, a certificate issued by a registered, licensed engineer, duly licensed and registered in the State of Texas, in a form as shall be prescribed by the building official. Such engineer's certificate shall state that to the best of his knowledge, based upon periodic inspections during the time of construction and inspection of the final work, such work has been completed in accordance with the plans as presented to and approved by such engineer. Such certificate shall further state that all requirements as imposed by such engineer have been met.

3. Upon receipt of such engineer's certificate, the building official may conduct such examination of the work and the completion thereof as may seem necessary and proper to him.

4. The building official must find that the work, as completed, is in accord with the plans as previously filed to obtain a permit and/or with any waivers or modifications of such plans as filed during the course of said work, and further is in accord with all terms and provisions of this Code.

(e) Upon application by any person for the issuance of a permit under the provisions of section 27-16 of this article, for the performance of work under this article, if it shall appear that the work contemplated is insignificant in nature and that there does not exist a necessity for the implementation of the provisions of section 27-16 and this section, the city manager and the building official, after consulting with the secretary of the planning and zoning commission, the director of the water department, the director of wastewater control, the fire chief of the City of Bellaire, the director of streets and bridges and such other employees as the city manager shall deem necessary, may exempt such work from the requirements of section 27-16 and this section; and such work may be commenced and may progress without the necessity of meeting the said requirements.

(Ord. No. 78-029, § 2, 4-17-1978)

All work of any nature or type, either directly or indirectly relating to the placement, layout, grade, construction, or reconstruction of any facility, improvement, equipment or other thing, along, across, on, over, through, above or under any public street, avenue, alley, public grounds or public place within the city shall be performed between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, with the exclusion of legal holidays. The city manager may waive the requirements of this section if it appears to him to be in the best interest of the citizens of the city.

(Ord. No. 2082, § 3, 2-3-1975)

Within 15 days, after receipt of the said detailed plans and specifications by the city manager, any person may file objections in writing with the city manager, stating the grounds for such objection which shall include present or projected future conflict with the existing or planned public improvements.

(Ord. No. 2082, § 5, 2-3-1975)

The city manager shall receive any objections and such other written argument in support of the plans and specifications previously submitted and shall within 15 days after receipt of such plans and specifications, either approve or disapprove the same. The city manager shall take into consideration, in making said determination, the plan and specifications filed, the anticipated commencement and completion dates, and any other additional factors affecting the health, safety and well-being of the citizens of the city, and such other facts as shall properly come to his attention.

(Ord. No. 2082, § 6, 2-3-1975)

In the event the city manager shall approve or disapprove the proposed plans, then within 15 days after the date of the decision by the city manager, any party aggrieved thereby shall have the right to appeal the same to the city council by giving notice of such appeal in writing to the city clerk. The city clerk shall, upon receipt of such notice, place the same on the agenda for the next regular meeting of the city council.

(Ord. No. 2082, § 7, 2-3-1975)

The city council shall hear testimony, examine such facts and evidence as to the proposed placement, layout, grade, construction or reconstruction of any facility, improvement, equipment, or other thing, along, across, on, over, through, above or under any public street, avenue, alley, public grounds or public place within the city, and then shall render a decision therein.

(Ord. No. 2082, § 8, 2-3-1975)

The decision of the city council shall be final as to all matters determined herein and shall not be appealable.

(Ord. No. 2082, § 9, 2-3-1975)

In the event of a bona fide emergency requiring immediate and necessary work, wherein the health, safety, and well-being of the citizens of the city is at stake, any person shall then proceed immediately to conduct such placement, layout, grade, construction or reconstruction of any facility, improvement, equipment, or other thing, along, across, on, over, through, above or under any public street, avenue, alley, public grounds or public place within the city without having first obtained the consent of the city manager or the city council, and the provisions of this article shall not be applicable; however, such person shall give notice to the city manager of completion of such work, as soon as practicable, and in the event notice is not given within a period of 30 days, such action shall constitute a violation of this article.

(Ord. No. 2082, § 11, 2-3-1975)

Any person shall at all times, in performing any work contemplated under the terms and provisions of this article, fully comply with all state, federal and local laws and ordinances.

(Ord. No. 2082, § 12, 2-3-1975)

In the opening and refilling of all openings made by any person under the terms of this article, he shall relay the pavement and do all work necessary to complete restoration of the public streets, avenues, alleys, public grounds or public places in a condition equal or as good as when disturbed; and when any person shall open any ground in said city for any purpose whatsoever as contemplated under this article, they shall open no more space at any time at any one place nor keep the same open for any longer than is necessary to properly execute the work for which the same shall have been opened; and it is especially required that in all cases where work requires the exercise of skill, as in laying or relaying pavement or sidewalks, such person shall employ skilled workmen familiar with the execution of such work. Whenever deemed necessary by the city manager, the city shall have the right to designate its engineer or persons to superintend or supervise refilling of the highways, streets, avenues, roads, alleys or other public places and grounds; and the relaying or refilling of the sidewalks and the pavements, and the repair and replacement of the pavements, sidewalks and other grounds, so disturbed for any purpose as contemplated in this article which shall be at the expense of the said individual, partnership, corporation, public utility, association or other entity. Such restoration shall be completed immediately after the completion of the work to as good condition as before the commencement of the work and maintained to the satisfaction of the city manager. No public road, highway, street, lane, alley or other public place shall be encumbered by construction, maintenance, or removal of work by any such person for a longer period than shall be necessary to execute such work. If there is, in the opinion of the city manager, unreasonable delay in restoring the public streets, avenues, alleys, public grounds or other public places after excavation, repairs and extensions have been made, the city shall have the right without further notice to restore and repair and require such individual, partnership, corporation, public utility, association, or other entity operating under the terms and provisions of this article to pay the reasonable costs of such restoring and repairing.

(Ord. No. 2082, § 13, 2-3-1975)

In the event of violation of this article by any corporation, association or public utility, then for the purposes of this article, it shall be presumed that the officers and employees of said corporation, association or public utility violated the terms and provisions thereof.

(Ord. No. 2082, § 14, 2-3-1975)

In the event any person shall perform any construction or reconstruction work upon any property, with the intention to dedicate or convey the same or any part thereof to the City of Bellaire, as public property, public right-of-way or a part of the public domain, such person shall, during the course of such work, comply in all respects with the terms and provisions of this chapter.

Prior to the dedication of such property to the city, any person desiring to so dedicate shall give to the city an affidavit in a form as prescribed by the city, which affidavit shall state that all obligations of any nature whatsoever arising from the said construction or reconstruction work, have been paid, discharged or waived. In addition, the city shall be provided with an indemnity agreement, to save and hold harmless the City of Bellaire from all claims growing out of the lawful demands of subcontractors, laborers, workers, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies used in the furtherance of the construction or reconstruction work.

In addition thereto, the city shall be furnished with a maintenance bond as a condition of the dedication or conveyance to the city, which bond shall be issued in a form and by a surety acceptable to the city. Said bond shall provide that said surety will indemnify and hold the city harmless from any and all costs growing out of or by reason of the maintenance of any improvements constructed upon property to be dedicated to the city, within a period of one year from the date of such conveyance or dedication.

Any dedication or conveyance of property to the city, as herein specified, shall be an appropriate instrument, in a form acceptable to the city.

(Ord. No. 78-029, § 5, 4-17-1978)

No bridge, structure, building, or part thereof shall be built, enlarged, altered or moved to another location, over, across, on or in any county drainage ditch or later thereto within the city, until a plan of the proposed work, together with a statement of the materials to be used shall have been submitted to the city building inspector who shall, if in accordance with the provisions of this Code and the ordinances of the city, issue a permit for the proposed construction.

(Ord. No. 303, § 1, 3-6-1941)

The city council of the City of Bellaire does hereby delegate to the city manager of the City of Bellaire the power to establish a schedule of permit fees for permits required under this article. Under the terms and provisions of this Code, such schedule may be changed or modified from time to time, and the same shall at all times be on file in the office of the city clerk of the City of Bellaire. Before the city building inspector shall issue a permit required by the provisions of this article, the person desiring the same shall pay the director of finance the permit fee.

(Ord. No. 303, § 1, 3-6-1941; Ord. No. 21-068, § 12, 11-15-2021)

Any such plan and material for a bridge, structure or building over a county drainage ditch or lateral thereto shall conform to the plans and specifications for bridges, structures, and buildings on file with the city clerk.

(Ord. No. 303, § 1, 3-6-1941)

Any bridge, structure, building or part thereof erected without a permit or otherwise in violation of the provisions of this article shall be removed at the expense of the person responsible for the same.

(Ord. No. 303, § 1, 3-6-1941)

Any person who shall violate any of the provisions of this article, or fail to comply herewith or with any of the requirements hereof, or who shall build, enlarge or alter any such bridge structure, building, or part thereof, or premises or part thereof, where anything in violation of this article shall be placed or shall exist, and any architect, builder, contractor, agent or person or corporation, employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof shall be fined as provided in section 1-10 of this Code.

(Ord. No. 303, § 2, 3-6-1941)

It shall be unlawful for any person to make, cause, or permit to be made, any replacement of, or in the curbing along, any public street, alley, sidewalk, or other public place, in the city for any purposes whatsoever, without first obtaining from the city building inspector a written permit to make such replacement, cut, hole, or excavation.

(Ord. No. 1579, § 1, 6-19-1967)

The applicant shall file with the city building inspector a written application for a permit required by the provisions of this article, which shall contain the residence or business address of the applicant, and state in detail the location, area, length, and width of each cut, hole, replacement, or excavation desired to be made, and shall also state that the applicant obligates and binds himself to defend at his own cost and expense any and all suits, actions, or claims for damages, which may be instituted against the city for any loss, cost, expense or damage chargeable to or imposed upon it by reason of the granting of such permit, or by reason of the manner in which such replacement, cut, hole, or excavation is made, or any work done in connection therewith; and shall also state that the applicant obligates himself to return the surface of any such street, alley, or other public place, within a reasonable time, to as good condition as it was in prior to the time any such replacement, cut, hole, or excavation was made, and to keep such portion of the street and the surface thereof in good repair for the period of one year after it has been restored, as aforesaid. Such application in all cases shall be accompanied by a plat showing the location and all details of each proposed replacement, cut, hole, or excavation, and of all structures and equipment to be installed therein.

(Ord. No. 1579, § 2, 6-19-1967)

The city council of the City of Bellaire does hereby delegate to the city manager of the City of Bellaire the power to establish a schedule of permit fees for permits required under this article. Under the terms and provisions of this Code, such schedule may be changed or modified from time to time, and the same shall at all times be on file in the office of the city clerk of the City of Bellaire. Before any permit shall be granted under the provisions of this article, the applicant shall pay the city finance director the permit fee.

(Ord. No. 1579, § 4, 6-19-1967; Ord. No. 86-077, § 1, 10-6-1986; Ord. No. 21-068, § 13, 11-15-2021)

No permit shall be issued under the provisions of this article until: The applicant desiring the same shall file with the city building inspector, in advance, a good and sufficient surety bond in the principal sum of $2,000.00, executed by a corporate surety or sureties, duly authorized to do business in the state, made payable to the city, approved by the city finance director, conditioned that such work shall be done in a good and workmanlike manner, and in accordance with this article and the other ordinances of the city. A homeowner, desiring to construct a driveway and/or sidewalk, may make a cash deposit of $200.00, in lieu of such bond, under the same conditions.

(Ord. No. 1579, § 2, 6-19-1967)

Every permit granted under the provisions of this article shall be subject to the right of the city, and of any other person entitled to use that part of such street, alley or other public place for any purpose for which the same may be lawfully used, and the granting of such permit shall not give the applicant any fixed or vested right in such location, but the same is taken subject to the right of the city or any other person entitled to lay or place pipes, conduits or other structures in, on, or under such portion thereof, or under or across such pipes, conduits, or other structures, as may have been laid, without cost or charge being excavated from the permit holder. By obtaining the same, the recipients of any such permit obligate and bind themselves to move or change the location of their pipes, conduits, or other structures whenever required or instructed to do so by the city, and failure to do so, when so required or instructed, shall constitute an offense and be subject to the penalties hereinafter provided.

(Ord. No. 1579, § 6, 6-19-1967)

No permit issued under the provisions of this division shall be transferable.

(Ord. No. 1579, § 3, 6-19-1967)

Any permit issued under the provisions of this article shall become null and void unless the cut, replacement, hole, or excavation is commenced within 45 days from the date of its issuance and the work prosecuted diligently to completion.

(Ord. No. 1579, § 3, 6-19-1967)

Any persons obtaining any permit under the provisions of this article shall, at all times while the work covered thereby is in progress, keep the same at the place where such work is being done, and must, on demand, exhibit the same to the city building inspector and to any police officer.

(Ord. No. 1579, § 5, 6-19-1967)

All pipes, conduits, tunnels or other structures in or under the surface of public streets, alleys or other places, shall be made and laid prior to the paving of such street, alley or other place.

(Ord. No. 1579, § 7, 6-19-1967)

When making any cut, hole, or excavation in any street, alley, or other public place, free access must be provided to all fire hydrants, manholes and water gates.

(Ord. No. 1579, § 9, 6-19-1967)

It shall be the duty of every person making any cut, hole, or excavation in any street, alley, or other public place to maintain safe crossings for pedestrians, vehicles, and other traffic at all street intersections and other crossings of such excavations; and where any such crossing is not safe, suitable signs and red lights shall be placed to indicate danger.

(Ord. No. 1579, § 8, 6-19-1967)

It shall be the duty of every person making any excavation in any street, alley, or other public place, to erect and maintain signs and barricades which conform to the "Texas Manual on Uniform Traffic Control Devices" at each end of such excavation and at such places as may be necessary along the excavation to prevent accidents, and also to place and maintain red lights at each end of all such excavations, and at a distance of not more than 50 feet apart along the line thereof, from sunset each day until sunrise of the next day, until such excavation is entirely refilled and/or resurfaced.

(Ord. No. 82-010, 2-15-1982)

It shall be unlawful for any person to remove any barrier, sign or light from any cut, hole, or excavation, or from any character of street work, other than the person placing the same there, or an officer of the city.

(Ord. No. 1579, § 11, 6-19-1967)

If the work of refilling any such cut, hole, or excavation is not prosecuted with due diligence within five days after notice by registered mail to the address of the permit holder, as given in his application, and thereafter prosecuted with due diligence to completion in a good and workmanlike manner, in accordance with the plans contained in the application for the permit, then the city may do, or cause to be done, such work as may be necessary to refill such cut, hole, or excavation, and to restore the street or other public place, or part thereof to as good condition as the same was in before such cut, hole, or excavation was made, and the cost of such work shall be paid for by the holder of such permit, who engaged to pay therefor by obtaining the permit. The amount of the bond put up by the permit holder shall be applied against such cost, if sufficient, and the balance shall be returned; but, if insufficient, then the permit holder shall pay any additional amount to the city.

(Ord. No. 1579, § 12, 6-19-1967)

Whenever, within the aforesaid one year guaranteed period, any portion of the pavement or surface of any street, alley, sidewalk, or other public place, becomes in need of repairs, the holder of any such permit covering such area shall be given written notice at the address contained in his application for such permit, and if such repairs are not commenced within five days thereafter and continued to completion with due diligence, such repairs may be done, or caused to be done, by the city, at the cost and expense of such permit holder.

(Ord. No. 1579, § 13, 6-19-1967)

In all cases, the bond provided for in this article shall be valid until the expiration of the aforesaid one year guaranty.

(Ord. No. 1579, § 14, 6-19-1967)

(a) City parks and open spaces shall be open to the public as follows:

(1) Bellaire-Zindler, Vic Driscoll, Evergreen, Feld, Horn, Loftin, Mulberry, and Paseo parks — from 5:00 a.m. to 11:00 p.m. daily.

(2) Joe Gaither, Lafayette (including Officer Lucy Dog Park), Locust, Russ Pitman, and Ware Family parks and the open space next to the library — from 5:00 a.m. to 9:30 p.m. daily.

(3) Evelyn's Park — from 5:00 a.m. to 11:00 p.m. Sunday through Thursday, and from 5:00 a.m. to 12:00 a.m. Friday and Saturday.

(b) All parks and open spaces shall be posted with signage indicating when they are open to the public.

(c) It shall be unlawful for any person to remain in a park or open space outside the hours set forth in subsection (a) after being asked to leave.

(d) Nothing in this section shall be construed to prohibit the use of a public sidewalk located in a park or open space outside those hours set forth in subsection (a) so long as such use is in accordance with section 27-5.

(Ord. No. 25-107, § 1(App. A), 11-17-2025)

(a) The following are prohibited in all city parks and open spaces:

(1) The possession of glass containers.

(2) The use of tobacco products and e-cigarettes.

(3) The possession or use of alcoholic beverages, except in accordance with sections 3-3 and 3-4.

(4) The use of open flames, except as allowed under a valid event permit.

(5) Placing of personal items, except for the purpose of recreating, picnicking, participating in a city event, or as allowed under a valid event permit.

(6) Sleeping, except as allowed under a valid event permit.

(7) Walking of dogs, except as allowed under a valid event permit. Notwithstanding the foregoing, dogs on leash shall be allowed in Paseo and Vic Driscoll parks, and dogs off leash shall be allowed inside the fenced area in Lafayette Park designated as Officer Lucy Dog Park.

(b) It shall be unlawful for any person to continue engaging in an activity prohibited by subsection (a) after being asked to cease.

(Ord. No. 25-107, § 1(App. A), 11-17-2025)

(a) Except as otherwise specifically authorized in this chapter, no person shall have the right to offer anything for sale or barter, or to exhibit anything, or to conduct any amusement, recreational activity, class, sports event, or other business for which any fee is charged or otherwise derived, within any park, open space, or recreational facility of the city without first obtaining the written consent of the city as provided in this section.

(b) Consent, for the purpose of subsection (a), may be granted in writing by the director of the parks, recreation, and facilities department upon the payment of uniform standard fees, and the agreement to abide by standard conditions and consent forms, adopted pursuant to section 27-98, if the right is nonexclusive and of six months' duration or less. Any other consent shall be effective only if authorized by written contract executed by the city manager.

(Ord. No. 25-107, § 1(App. A), 11-17-2025)

(a) Standard fees and charges for concessions, rentals, vending licenses and event permits, admissions, sports events and recreational classes in any city park, open space, or recreational facility shall be established by the city manager.

(b) The director of the parks, recreation, and facilities department shall establish uniform procedures relating to reservations, deposits, and the manner for paying park user fees and shall develop a standard use agreement, hold harmless agreement, and user consent form for the use of such facilities.

(c) The director of the parks, recreation, and facilities department may waive user fees for any city-sponsored or cosponsored function or event. For purposes of this subsection, the city manager is authorized to declare city sponsorship.

(d) The city manager shall be authorized to issue event permits for the use of any park, open space, or recreational facility in accordance with the procedures established by the director of the parks, recreation, and facilities department.

(Ord. No. 25-107, § 1(App. A), 11-17-2025)

No street, easement, alley, or other public way, or portion thereof, shall ever be closed, narrowed, vacated, leased, sold or otherwise conveyed by the City of Bellaire, if doing so would result in a violation of or be in conflict with the City of Bellaire's land development codes, or otherwise be contrary to the best interest of the public, considering all reasonable future use of such street, easement, alley, or other public way. Any petitioner requesting a street, easement, alley, or other public way, or portion thereof, be closed, narrowed, vacated, leased, sold or otherwise conveyed must comply with all the following sections of this article, but such shall constitute only a request and not be permitted except pursuant to the provisions hereof. The term 'easement', as used in this article, shall include, without limitation, surface, subsurface and aerial easements. The provisions of this article, however, shall not apply to a request for temporary use (less than 60 days) of such public property.

(Ord. No. 01-020, § 2(27-101), 3-5-2001; Ord. No. 07-047, § 1(App. A), 8-6-2007)

Any person or persons (herein "petitioner") desiring to have the city council exercise its power regarding the closing, narrowing, vacating, leasing, sale or conveyance of streets, easements, alleys, or other public ways, or portions thereof, must file with the city clerk a petition, on a form acceptable by the city, directed to the city council requesting that such action be taken. A list of the owners' names and addresses of all property abutting or affected by the street, easement, alley, public way, or portion thereof, that is the subject of the petition must be attached to the petition. The city shall require that the petitioner provide a current title report (less than 30 days old) evidencing the ownership interest of all abutting or affected property and any encumbrances affecting such ownership.

(Ord. No. 01-067, § 2(27-102), 9-10-2001; Ord. No. 07-047, § 1(App. A), 8-6-2007)

Upon the filing of a petition with the city clerk, an administrative fee shall be paid to the city in an amount equal to $50.00 for the first 100 feet linear length of affected property and $10.00 for each additional 35 feet of affected length, or portion, thereafter.

(Ord. No. 01-020, § 2(27-103), 3-5-2001)

For a petition to be considered, petitioner must provide a survey or plat, together with a typed legal description, of the street, easement, alley, or other public way, or portion thereof, sought to be abandoned, altered, closed, vacated, leased, sold or otherwise conveyed and the abutting or affected property thereon, prepared by, signed and sealed by a licensed land surveyor in form and content acceptable to the city. All costs of the survey or plat shall be paid by the petitioner.

(Ord. No. 01-020, § 2(27-104), 3-5-2001; Ord. No. 07-047, § 1(App. A), 8-6-2007)

The city staff shall review the petitioner's request and take into consideration such matters to include its impact on utilities, drainage, and/or the future traffic needs and circulation, and shall issue a report to the city clerk and city manager, outlining the staff's findings and its recommendation for consideration by the city council. A staff report finding no objection to the request shall not bind the city council to grant the petition, and is, as such, only advisory upon the council.

(Ord. No. 01-020, § 2(27-105), 3-5-2001; Ord. No. 07-047, § 1(App. A), 8-6-2007)

After receipt of the staff report, the city clerk shall cause a public hearing to be set on the petitioner's request. Notice of such public hearing on the petition must be given by publication in one of the official newspapers of the city and to the property owners affected by or abutting the street, easement, alley, or public way, or portion thereof, no more than 30 days nor fewer than 15 days preceding the date set for the public hearing on the proposed request. Such notice shall fairly state the action requested giving a detailed description of the street, easement, alley, or other public way, or portion thereof, to be closed, narrowed, vacated, leased, sold or otherwise conveyed, and those property owners affected thereby. The petitioner shall be responsible for all costs associated with the notice.

(Ord. No. 01-067, § 3(27-106), 9-10-2001; Ord. No. 07-047, § 1(App. A), 8-6-2007)

Prior to the public hearing, the city manager shall obtain an independent appraisal of the value of the property sought by petitioner to be closed, narrowed, abandoned, or sold. The petitioner shall be responsible for the payment of the cost of said appraisal. Such appraisal may be used to determine what consideration, if any, may be required to be paid by petitioner or anyone else to be benefited by the petitioner's request, should final action be taken by the city council pursuant to this policy.

(Ord. No. 01-020, § 2(27-107), 3-5-2001)

The city council shall hear evidence as to the reasons why such street, easement, alley, public way, or portion thereof, should or should not be abandoned, altered, vacated, closed, leased, sold or conveyed. The city council may adjourn or continue the public hearing as it alone deems necessary and in the best interest of the public.

(Ord. No. 01-020, § 2(27-108), 3-5-2001; Ord. No. 07-047, § 1(App. A), 8-6-2007)

The council may grant the petition only by adoption of an ordinance, pursuant to its Charter. If such petition is granted, petitioner shall have six months from the date of passage of said ordinance to meet all requirements of this article or said ordinance is voided automatically. If the date of expiration falls on a weekend or a holiday, the next regular business day will be considered the date of expiration. If such petition is denied, the city shall not consider another petition for the same property within two years from the date of denial.

(Ord. No. 01-092, § 2(27-109), 12-3-2001; Ord. No. 07-047, § 1(App. A), 8-6-2007)

(a) The council shall determine what consideration, if any, shall be paid by the petitioner and other affected or abutting property owners, pursuant to state law, which may be equal to or less than the fair market value as determined by recent city appraisal obtained pursuant to this policy.

(b) The council may retain utility, drainage and/or other easements across those portions of the street, alley, or other public way, or portion thereof, if it deems such reservation necessary.

(c) The council may require written verification from any or all franchised utilities, including, but not limited to, electric, gas, telephone, or cable, evidencing such utilities' current or anticipated future use of the street, easement, alley, or other public way, or portion thereof sought to be closed, narrowed, vacated, leased, sold or conveyed.

(d) Prior to granting the petition, the council may require the petitioner and any affected or abutting property owners to execute with the city a written agreement accepting any and all council-imposed conditions required pursuant to this section in recordable form to be filed in the real property records of Harris County, Texas. The petitioner shall pay all costs associated with the preparation and recording of the written agreement.

(e) Prior to granting the petition, the council may require the petitioner and any affected or abutting property owners to execute with the city a written agreement between themselves, stating what interest each claims or will claim, if any, in the underlying fee simple, should the petition be later granted in recordable form to be filed in the real property records of Harris County, Texas. The petitioner shall pay all costs associated with the preparation and recording of the written agreement.

(Ord. No. 01-020, § 2(27-110), 3-5-2001; Ord. No. 07-047, § 1(App. A), 8-6-2007)

Nothing herein shall be construed so as to limit the City of Bellaire's right to close, narrow, or abandon any dedicated street, easement, alley, public way, or portion thereof, in the valid exercise of its police power.

(Ord. No. 01-020, § 2(27-111), 3-5-2001)

As used in this article, the following words and terms shall have the meaning ascribed thereto:

Applicant means a person who has filed a written application for a parade permit.

Commercial parade means a parade sponsored other than by a nonprofit organization, the purpose of which is to advertise a product, whether tangible or intangible, to advertise or promote an exhibition or theatrical performance, or otherwise operate to the pecuniary benefit of the sponsor.

Parade means an assembly of three (3) or more persons gathering for the common design of moving in or upon any public street from one (1) location to any other location, whether on foot, on horseback, or by mechanical conveyance, as a part of a procession, march, pageant, ceremony, or like event.

Parade permit means a written consent or permit to conduct a parade issued pursuant to written application and approval hereunder.

Permittee means a person to whom a parade permit has been granted under this article.

Street means the entire width between the boundary lines of every road or way publicly maintained when any part thereof is open to the use of the public for vehicular traffic.

(a) It shall be unlawful to commence, conduct, aid, or engage in a parade upon any public street without having first secured a parade permit therefor from the city manager.

(b) The following activities shall be exempt from the requirement of a permit hereunder:

(1) Funeral processions supervised by a licensed mortuary proceeding by a reasonable route from a funeral home, church, or residence of a deceased to a memorial service or place of interment;

(2) Picketing or other peaceful demonstrations at a fixed location that is not a street;

(3) Sidewalk processions conducted in accordance with all traffic regulations and other applicable laws and ordinances;

(4) Processions, convoys, marches, or similar activities conducted by members of the armed forces of the United States or the State of Texas while acting in the regular course and scope of their duties;

(5) Processions, convoys, or the like conducted by members of the Bellaire Police Department while acting in the regular course and scope of their duties;

(6) Wedding processions proceeding by a reasonable route by and between the residence of a member of the matrimonial party, the place of performance of the matrimonial service, the place of the reception or matrimonial celebration;

(7) Official motorcades escorted by members of the Bellaire Police Department.

(a) Applications for a parade permit must be filed with the permit office no less than 21 calendar days prior to the date and time for commencement of such parade. The 21-day requirement may be waived by the city manager if the applicant can show just cause.

(b) Each application for a parade permit must be made on a form provided for this purpose by the permit office.

(c) Each application for a parade permit shall be signed by the applicant, sworn to before an officer authorized to administer oaths, and contain the following information:

(1) The name, address, and telephone number of the applicant;

(2) The name, address, and telephone number of any organization, firm, association, corporation, or other entity on whose behalf application is made;

(3) Date and time proposed for commencement of the parade;

(4) A statement of the anticipated duration of the parade;

(5) A description of the specific parade route listing all streets to be utilized and the direction of flow from the point of commencement to termination;

(6) The estimated number of persons to participate in the parade;

(7) The estimated number of vehicles, floats, animals, motorized displays and the like to be utilized in the parade;

(8) The estimated number of marching units, bands, color guards, drill teams and the like to participate in the parade;

(9) The name, address, and telephone number of the person applicant designates as a co-responsible party for removal of animal fecal matter;

(10) A certificate of insurance, naming the City of Bellaire as certificate holder. The insurance shall provide protection of not less than $100,000.00 against liability for damages to property and protection of not less than $100,000.00 for protection of injury to the death of one (1) person and of not less than $300,000.00 for protection against injury to death of two (2) or more persons in a single accident or occurrence.

(d) If the applicant is acting on behalf of a corporation, association, firm, or other organization sponsoring the parade, the application must be accompanied by a copy of an appropriate resolution of the governing body of such corporation, firm, or other organization indicating its sponsorship of such parade and authorizing the applicant to act in its behalf in securing a permit therefor.

(e) If the proposed parade route overlaps, at any point, the METRO bus route, the applicant must provide written evidence of METRO's consent to the parade and the proposed route.

(f) The applicant must also provide, at the time application is submitted, a refundable deposit of $200.00 to $500.00 for clean up after the parade, the amount of which depends upon the number of parade participants.

(a) A parade permit shall be issued at least five (5) working days prior to the proposed time for commencement of the parade, if the city manager determines that the parade will be conducted without substantial danger to the health, welfare, or safety of the public and in conformity with applicable laws, ordinances, and regulations.

(b) The city manager may approve an application for a parade permit subject to reasonable terms and conditions relating to the time, place or manner for conduct of the parade, including, but not limited to:

(1) The establishment of an alternate time for conduct of the parade;

(2) The establishment of an alternate route for conduct of the parade;

(3) Reasonable regulations regarding the width and length of the parade.

(a) A parade permit may be denied or revoked under this article where it shall appear that:

(1) The information contained in the application for the parade permit is found to be false or incomplete in any material aspect; or

(2) The permittee has conducted or is conducting a parade in violation of this article or other applicable laws and ordinances affecting such activity; or

(3) The permittee fails to obey any lawful order of the city manager, chief of police, fire chief, fire marshal, or their respective designees, respecting the conduct of the parade, or any term or condition to which the approval of the parade permit is made subject; or

(4) The parade fails to commence within 60 minutes of the appointed time for commencement; or

(5) Conduct of the parade at the time and place or in the manner proposed will substantially disrupt the safe and orderly movement of traffic contiguous to the parade route; or

(6) The parade will require diversion of so great a number of police officers that the provision of adequate police service to the remainder of the city will be rendered impossible; or

(7) The concentration of persons, animals, and vehicles at points of assembly and disassembly is reasonably likely to interfere with the provisions of adequate fire, police, and other emergency services to other parts of the city; or

(8) Emergency conditions or other exigent circumstances then existing within the city require that the public streets remain open to the free and unencumbered transportation of emergency crews, equipment and materials.

(b) In the event of denial of a parade permit hereunder, the permit office shall within five (5) working days prior to the proposed time for commencement of the parade provide written notice of such adverse action to the applicant setting forth the specific reasons forming the basis for the denial.

(c) In the event of revocation hereunder, the permit office shall provide, at the time of revocation, such oral or written notice of revocation that is feasible under the circumstances then existing and in addition, shall within five (5) working days thereafter, provide written notice to the permittee setting forth the specific reasons forming the basis for revocation.

(d) Upon receipt of a notice of denial or revocation, the applicant or permittee shall cease and refrain from commencing, conducting, aiding, or engaging in any parade within the city.

(a) It shall be unlawful for any person to obstruct, impede, or interfere in any form or manner with the progress of any parade or the persons, vehicles or animals comprising the parade from the point of commencement to the point of disassembly.

(b) It shall be unlawful for any person to drive through or between the persons, vehicles, or animals comprising a parade from the point of commencement to the point of disassembly.

(c) It shall be unlawful to park any vehicle along a public street constituting a portion of the parade route and conspicuously marked as such; in this connection, the chief of police is authorized to prohibit or restrict the parking of vehicles along the parade route and to cause the route to be conspicuously marked as such.

(d) It shall be a defense to prosecution under the preceding subsection that the place where the vehicle was parked was not conspicuously designated as a parade route at the time of parking.

(e) This section shall not apply to any member of the Bellaire Police Department acting in the course and scope of their duties in monitoring, regulating and policing parade activity or otherwise.

It shall be unlawful for any parade applicant and any designated co-responsible party to fail to remove animal fecal matter from public streets or rights-of-way during a parade or immediately thereafter.

(a) Any person conducting, commencing, aiding or engaging in a parade without a parade permit, or otherwise violating any provisions of this article, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $500.00.

(b) The Chief of Police or any Officer of the Bellaire Police Department, is hereby authorized to issue summons and citations, as applicable, for violations of this Article.

The provisions of this article are cumulative and nothing herein shall prevent, alter or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter hereof.

(a) An application to change an existing street name for all blocks within the city's boundaries must be filed with the city clerk in writing directed to the city council in the form of a petition signed by:

(1) Not less than 51 percent or more of all owners of property fronting the city street for which the name change is sought. Owners of such fronting property are determined by the city based on the then current real property ad valorem tax roll; or

(2) A duly authorized officer or attorney representing a governmental subdivision, agency, or department; or

(3) Both (a)(1) and (2).

(b) The application must state:

(1) The present street name, the proposed new name, and the reason(s) for the request as prescribed in section 27-128, allowed reasons for street name change;

(2) The name, address, and telephone number of the applicant and/or a person authorized to represent the applicant and to execute any necessary documents; and

(3) The name of each person, group, agency, or entity requesting the street name change.

(c) An applicant, other than the city, shall pay by cash, cashier's check, or certified check payable to the city, an application processing fee as shall be determined by the city manager and an estimated cost of the manufacture and installation of new street name signs, calculated under section 27-127, fee for new street signs; refund.

(Ord. No. 07-027, § 1(App. A), 5-21-2007)

(a) The city manager shall determine the fee that is charged under subsection 27-126(c), Application, based on an average cost for a sign calculated by the city at the beginning of each fiscal year multiplied by the number of signs that are necessary to implement the name change. In setting the annual average cost for a sign, the city manager shall consider prevailing and projected market costs, prior bid costs, or both for the labor and material necessary to install a standard street sign.

(b) If an application for a street name change is denied by the city council, the new street sign manufacture and installation fee shall be refunded to the applicant by the city. The application processing fee outlined in subsection 27-126(c) shall not be refunded to the applicant.

(Ord. No. 07-027, § 1(App. A), 5-21-2007)

(a) The application for a street name change may be considered to:

(1) Establish continuity of a street name, including establishing one name for a roadway with that is commonly traveled as a single thoroughfare;

(2) Eliminate duplication of name spelling, phonetics, or misspelling;

(3) Enhance ease of location;

(4) Provide consistency with the street numbering system designation, including compass direction (i.e., east, west, north, or south);

(5) Provide necessary roadway designation, including "street," "road," "lane," "circle," "court," "drive," or "boulevard."

(6) Honor a person, place, institution, group, entity, or event; or

(7) Enhance a neighborhood through the association of a street name with its location, area characteristics, and history.

(Ord. No. 07-027, § 1(App. A), 5-21-2007)

(a) The city clerk shall distribute copies of the application for review and comment to all city departments, appropriate utilities, and governmental entities affected by the requested change.

(b) The city clerk shall send written notification by certified mail, return receipt requested, to all property owners fronting said street for comment.

(c) The city clerk shall not issue written notification unless the applicant has paid all fees established under subsection 27-126(c), application, and under subsection 27-127(a), fee for new street signs; refund.

(d) The city manager shall present the application for a street name change with comments from city departments, appropriate utilities, affected governmental entities, and/or owners fronting the street in which the name change is sought to the city council for action.

(e) The city council may act on an application for a name change without a public hearing if no fronting property owner opposes the proposed name change. If a fronting property owner opposes the proposed name change, then city council shall hold a public hearing before taking action on the application. See subsection 27-129(f).

(f) For a public hearing before the city council, notice of such public hearing shall be given by the city clerk in the official newspaper of the city, and such hearing shall not occur earlier than 15 days from the date of the publication. Such notice shall also be given by the city clerk to such owners of property fronting the street for which the name change is sought not less than 15 days before the date set for the public hearing by depositing such notice in the mail, postage prepaid, to each such owner as the ownership appears on the then current ad valorem tax roll;

(g) City council may grant or deny the request, as it deems proper.

(Ord. No. 07-027, § 1(App. A), 5-21-2007)

(a) Upon approval of a street name change by city council, the city manager shall administratively implement said street name change.

(b) The city clerk will provide a copy of each street name change ordinance to all affected or interested parties, including those that participated in the review and comment process, the tax appraisal district for the county in which the affected street is located, and the U.S. Postal Service.

(Ord. No. 07-027, § 1(App. A), 5-21-2007)