HomeMy WebLinkAboutItem 23 - Health InspectionsMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: NOVEMBER 7, 2023
SUBJECT: INTERLOCAL AGREEMENT WITH TARRANT COUNTY PUBLIC
HEALTH ENVIRONMENTAL HEALTH TO PROVIDE FOOD
ESTABLISHMENT AND PUBLIC POOL HEALTH INSPECTIONS
RECOMMENDATION: City Council to consider approving an interlocal agreement with the
Tarrant County Public Health Environmental Health for inspections of food
establishments and public pools and an ordinance to amend the City of
Grapevine Code of Ordinances, Chapter 12 Health and Sanitation to be
consistent with Tarrant County requirements for inspections of food
establishments and public pools.
FUNDING SOURCE: This action has no material effect on City funds.
BACKGROUND: Tarrant County Public Health Environmental Health (TCPH EH) has
provided health inspection services for the City of Grapevine for food
establishments (including day cares) and public pools since April 20,
2004. Prior to April 2004, the City of Euless provided all of Grapevine's
food establishment and public pool inspections.
This new interlocal agreement (ILA) is in an effort to renew terms with
TCPH EH based on recent fee and law changes. The last TCPH EH
program permit fee increase occurred in 2011. In 2019, the permit fee cap
for counties per the Texas Health & Safety Code 437 was removed. Since
2019, TCPH EH has been evaluating and identifying new permit fee price
points necessary to accommodate for increasing personnel and supply
costs. These fees help cover the costs of administrating the food
establishment and swimming pool permitting program and related
inspections. The fees associated with these services have always been
and will remain cost free to the City of Grapevine. TCPH EH will continue
to charge these service fees to the businesses that require these permits.
TCPH EH has also updated and adopted new food and pool codes under
TAC Chapter 228 and Chapter 265 that are referenced in the attached
I LA.
As part of the new ILA, the City's Code of Ordinances, Chapter 12, Health
and Sanitation needs to be amended to reference the most up-to-date
chapters and sections of the Texas Administrative Code and Texas Health
and Safety Code. The out-of-date fee schedule has also been removed
and the new fee schedule added by reference.
Staff recommends approval.
ORDINANCE NO. 2023-077
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES CHAPTER 12, HEALTH AND
SANITATION; PROVIDING A PENALTY, NOT TO EXCEED
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
SEPARATE OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED UPON EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS;
REPEALING CONFLICTING ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine is authorized to adopt ordinances to protect the
health, safety, and welfare of its citizens; and
WHEREAS, the City of Grapevine has determined that it is a necessity to regulate
the activities and entities as provided for herein to safeguard the public; and
WHEREAS, the City of Grapevine is authorized by law to adopt the provisions
contained herein, and all constitutional and statutory prerequisites for the approval of this
Ordinance have been met, including but not limited to the Open Meetings Act; and
WHEREAS, the City Council has determined than amendment to Chapter 12,
Health and Sanitation, of the Code of Ordinances is in the best interest of the of the health,
safety, and welfare of the City of Grapevine and the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
Section 2. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 1. Generally, Section 12-2. Designation of health authority. is hereby amended
to read as follows:
"Sec. 12-2. Designation of health authority.
The city designates Tarrant County Public Health as its health authority for the
purpose of ensuring minimum standards of environmental health and sanitation within
the scope of that department's function."
Section 3. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 1. Generally, Section 12-4. Fees. is hereby created to read as follows:
"Sec. 12-4. Fees.
(a) Health services shall charge fees for food establishments in addition to those
charged by the Building Services Department.
(b) The fees shall be set forth in a schedule adopted by Tarrant County Public Health
Department and the city council.
(c) The fee schedule shall be available to the public at the health services office."
Section 4. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 2. Amendments/Administration, Section 12-4. Amendment standards. is hereby
renumbered, renamed and amended to read as follows:
"Sec. 12-5. Regulations adopted and amendment standards.
The provisions of the current rules or rules as amended are herein adopted
together with the additions, deletions, and amendments hereinafter contained in 25 Texas
Administrative Code, Chapter 228."
Section 5. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 2. Amendments/Administration, Section 12-5. Food handler card required
through Section 12-20. Additional requirements for mobile ice cream vendors and other
vehicles vending products to children. is hereby renumbered and amended to read as
follows -
"Sec. 12-6. Food handler card required.
Sec. 12-7. Food handling class required; food handler card.
Sec. 12-8. Food establishments permits required.
Sec. 12-9. Classification of permits.
Sec. 12-10. Permits - Authority to issue.
Sec. 12-11. Permits -Application.
Sec. 12-12. Review of plans.
Sec. 12-13. Posting of food establishment and temporary food
establishment permits.
Sec. 12-14. Permits - Duration.
Sec. 12-15. Permits - Non -transferable.
Sec. 12-16. Inspection frequency.
Sec. 12-17. Inspections regulations.
Sec. 12-18. Examination and condemnation of food generally.
Sec. 12-19. Procedure when infection is suspected.
Sec 12-20. Remedies.
Sec. 12-21. Additional requirements for mobile ice cream vendors and other
vehicles vending products to children."
Ordinance No. 2023-077 2
Section 6. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 3. Enforcement., Section 12-21. Enforcement options. through Section 12-24.
Reserved. is hereby renumbered and amended to read as follows:
"Sec. 12-22. Enforcement options.
Sec. 12-23. License, certificate or permit suspension.
Sec. 12-24. Revocation proceedings.
Sec. 12-25 - 12-30. Reserved."
Section 7. That Chapter 12, Health and Sanitation, Article II. Day Care Centers,
Section 12-37. Review of plans. is hereby amended to read as follows:
"Sec. 12-37. Review of plans.
(a) Whenever a day care center is constructed or remodeled and whenever an existing
structure is converted to use as a day care center, properly prepared plans and
specifications for such construction, remodeling or conversion shall be submitted to
the City of Grapevine Building Services Department for review and approval before
construction, remodeling or conversion is begun. The plans and specifications shall
indicate the layout and arrangement of any proposed food service areas, indoor and
outdoor areas to be used for the day care center including mechanical plans;
construction materials; plumbing fixtures; the type of fixed equipment; and
playground and fall zone specifications. The building department shall approve the
plans and specifications if they meet the requirements of the adopted city codes. The
plans shall be submitted separately to health services for review of compliance with
these rules.
(b) No day care center shall be constructed, remodeled or converted except in
accordance with plans and specifications approved by health services. The approved
plans and specifications must be followed in construction, remodeling, or conversion.
(c) Whenever plans and specifications are required to be submitted, health services
shall inspect the day care center prior to its beginning operation to determine
compliance with the approved plans and specifications and with the requirements of
this article.
(d) Failure to follow the approved plans and specifications may result in permit denial,
suspension, or revocation."
Section 8. That Chapter 12, Health and Sanitation, Article III. Public Swimming
Pools, Section 12-64. Regulations adopted and amendment standards. is hereby created
and amended to read as follows:
"Sec. 12-64. Regulations adopted and amendment standards.
The provisions of the current rules or rules as amended are herein adopted together with
the additions, deletions, and amendments hereinafter contained in Texas Health and
Safety Code, Title 5, Subtitle A, Chapter(s) 341.064, 341.0645 and 341.0695; Texas
Health and Safety Code, Title 1, Chapter 1 Section 1.005, and Texas Health and Safety
Ordinance No. 2023-077 3
Code, Tile 9, Subtitle A, Chapter 757; and Standards for Public Pools and Spas (Texas
Administrative Code, Title 25, Chapter 265, Subchapter L), Public Interactive Water
Features and Fountains (Texas Administrative Code, Title 25, Chapter 265, Subchapter
M) and Pool Yard Enclosures (Texas Health and Safety Code Chapter 757)."
Section 9. That Chapter 12, Health and Sanitation, Article III. Public Swimming
Pools, Section 12-64. Definitions. through Section 12-79. Reserved. is hereby
renumbered and amended to read as follows:
"Sec. 12-65. Definitions.
Sec. 12-66. Fees.
Sec. 12-67. Swimming pool permit required.
Sec. 12-68. Issuance of permit.
Sec. 12-69. Permit conditions.
Sec. 12-70. Plan review - New and remodeled pools.
Sec. 12-71. Trained pool operators.
Sec. 12-72. Maintenance of pool records.
Sec. 12-73. Nuisance.
Sec. 12-74. Grounds for permit denial.
Sec. 12-75. Grounds for suspension or revocation of permit.
Sec. 12-76. Right of entry.
Sec. 12-77. Inspection reports.
Sec. 12-78. Closure order.
Sec. 12-79. Hearings procedures.
Sec. 12-80 - 12-82. Reserved."
Section 10. That Chapter 12, Health and Sanitation, Article III. Public Swimming
Pools, Section 12-69. Plans Review — New and remodeled pools. is hereby renumbered,
renamed and amended to read as follows:
"Sec. 12-70. Plan review - New and remodeled pools.
(a) Prior to beginning the construction of a new public swimming pool or the extensive
remodeling of an existing public swimming pool, the owner shall submit plans and
specifications for such construction or remodeling to the Building Services
Department for review. The plans shall be submitted separately to health services for
review and compliance with these rules.
(b) The plans and specifications shall indicate the proposed layout arrangement,
mechanical plans, construction materials and the type and model number of
proposed fixed equipment and facilities.
(c) No work shall begin until the building department has reviewed the plans and advised
the owner that work may begin, and the owner or the owner's contractor has obtained
all required permits for such work from the building official or his designee. Work shall
commence and conclude within the time allowed by such permits. Deviations from
approved plans shall not be permitted."
Ordinance No. 2023-077 4
Section 11. That Chapter 12, Health and Sanitation, Article IV. Fees, Section 12-
83. Food and food services establishments. is hereby amended to read as follows:
"Sec. 12-83. Food and food services establishments; pools and spas.
The fee schedule is adopted pursuant to the interlocal agreement with the Tarrant County
Public Health Department and city council. The fee schedule shall be available to the
public at the health services office."
Section 12. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense
shall be deemed committed each day during or on which an offense occurs or continues.
Section 13. All ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or effect.
Section 14. If any section, subsection, sentence, clause or phrase of this ordinance
shall for any reason be held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 15. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates
undesirable conditions for the preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS on this the 7th day of November, 2023.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
Ordinance No. 2023-077 5
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2023-077
INTERLOCAL AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This Interlocal Agreement is between TARRANT COUNTY ("COUNTY"), and the CITY
OF ("City").
WHEREAS, CITY is requesting the COUNTY's assistance in providing
❑ Food establishment inspection program services
❑ Public swimming pool and spa inspection program services
❑ Both Food establishment and Public swimming pool and spa inspection
program services
WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas
Government Code provides legal authority for the Parties to enter into this Agreement.
WHEREAS, the Commissioners Court of the COUNTY finds this Agreement service a
public purpose.
NOW, THEREFORE, the COUNTY and CITY agree as follows:
TERMS AND CONDITIONS
1. COUNTY RESPONSIBILITY
The COUNTY shall provide
Food establishment inspection program services:
• Provide services, through Tarrant County Public Health, to all public food
establishment located within the corporate limits of the CITY;
• Plan review and conduct Health opening approval inspection, routine
inspection, follow-up inspections, complaint investigations;
• Provide certification of establishment for issuance of health permits;
• Notify the CITY of violations of the current rules or rules as amended by
the Executive Commissioner of Health and Human Services
Commission found in 25 Texas Administrative Code, Chapter 228,
regarding the regulation of food establishments;
• Provide appropriate signs to be posted at public food establishment that
do not meet the required standards;
• Document program activities within the CITY via periodic reports;
• Collect fees from the inspected establishment;
• Inform CITY, in writing, of any fee schedule changes immediately
following Tarrant County Commissioner's Court approval; and
• When required by law, verify food establishment manager training and
food handler training and certifications.
For Public swimming pool and spa inspection program services:
• Provide services, through Tarrant County Public Health, to all public and
semi-public swimming pools, spas, and interactive water features
located within the corporate limits of the CITY;
• Plan review and conduct Health opening approval inspection, routine
inspection, follow-up inspections, complaint investigations;
• Provide certification of establishment for issuance of health permits;
• Notify CITY of violations of current rules or rules as amended by the
Executive Commissioner of the Health and Human Services
Commission for Standards for Public Pools and Spas (Texas
Administrative Code, Title 25, Chapter 265, Subchapter L), Public
Interactive Water Features and Fountains (Texas Administrative Code,
Title 25, Chapter 265, Subchapter M) and Pool Yard Enclosures (Texas
Health and Safety Code Chapter 757);
• Provide appropriate signs to be posted at public swimming pool and spa
establishment that do not meet the required standards;
• Document program activities within the CITY via periodic reports;
• Collect fees from the inspected establishment;
• Inform CITY, in writing, of any fee schedule changes immediately
following Tarrant County Commissioner's Court approval; and
• When require by law, verify pool operator training certification.
2. CITY RESPONSIBILITY
For Food establishment inspection program services
• Adopt the current rules or rules as amended by the Executive
Commissioner of the Health and Human Services Commission found in
25 Texas Administrative Code, Chapter 228, regarding the regulation of
food establishments;
• Designate the Medical Director of Tarrant County Public Health
Department as the Health Authority for the purposes of this agreement;
• Require all food establishments within the corporate limits of the CITY
to maintain a valid health permit;
• Agree all health permits fees are enforceable within thirty (30) days of
approval of the Tarrant County Commissioner's Court;
• Revise CITY code/ordinance, where applicable, to adopt changes to the
fees;
• Inform Tarrant County Public Health Manager for Environmental Health
when code/ordinance are modified and when the updates are complete;
• Assign Tarrant County Public Health authority to collect health permit
fees from permit applicants; and
• When required by law, require facilities to have certified food mangers
and food handlers.
For Public swimming pool and spa inspection program services
• Adopt the current Texas Health and Safety Code, Title 5, Subtitle A,
Chapter(s) 341.064, 341.0645 and 341.0695; Texas Health and Safety
Code, Title 1, Chapter 1 Section 1.005, and Texas Health and Safety
Code, Tile 9, Subtitle A, Chapter 757;
• Adopt the current rules or rules as amended by the Executive
Commissioner of the Health and Human Services Commission for
Standards for Public Pools and Spas (Texas Administrative Code, Title
25, Chapter 265, Subchapter L), Public Interactive Water Features and
Fountains (Texas Administrative Code, Title 25, Chapter 265,
Subchapter M) and Pool Yard Enclosures (Texas Health and Safety
Code Chapter 757);
• Designate the Medical Director of Tarrant County Public Health as the
Health Authority for the purposes of this agreement;
• Require all public and semi-public swimming pools/spas within the
corporate limits of the CITY to maintain a valid health permit;
• Agree all Health permit fees are enforceable within thirty (30) days of
approval of the Tarrant County Commissioner's court;
• Revise CITY code/ordinance, where applicable, to adopt changes to the
fees;
• Inform Tarrant County Public Health Manager for Environmental Health
when code/ordinance are modified and when the updates are complete;
• Assign Tarrant County Public Health authority to collect health permit
fees from permit applicants;
• Be responsible for enforcement of the CITY's ordinances; and
• When required by law, require facilities to have certified pool/spa
operators.
3. CITY ENFORCEMENT
If during an inspection of a food facility, pool or spa, Tarrant County Public
Health Department personnel notices a violation of the CITY's code, the Tarrant
County Public Health Department shall notify the appropriate City official. The
CITY shall be responsible for the enforcement of the CITY's health ordinances.
The COUNTY shall make available for testimony COUNTY personnel whose
testimony may be required to support such enforcement action in accordance
with the procedures established by CITY MUNICPAL COURT for the
appearance of law enforcement officers.
4. NO WAIVER OF IMMUNITY
This Agreement does not waive COUNTY rights under a legal theory of
sovereign immunity.
5. THIRD PARTY
This Agreement shall not be interpreted to inure to the benefit of a third party
not a party of this Agreement. This Agreement shall not be interpreted to waive
any statutory or common law defense, immunity, or any limitation of liability,
responsibility or damage of any party to this Agreement, party's agent or party's
employee, otherwise provided by law.
6. EXCLUSION OF INCIDENTAL DAMAGES
Independent of, severable from, and to be enforced independently of any other
enforceable or unenforceable provision of this Agreement, NEITHER PARTY
WILL BE LIABLE TO THE OTHER PARTY NOR TO ANY PERSON CLAIMING
INCIDENTAL, CONSEQUENTIAL, SPECIAL PUNITIVE, OR EXEMPLARY
DAMANGES OF ANY KIND, including lost profits, loss of business, or other
economic damage and further including injury to property, mental anguish, or
emotional distress.
7. JOINT VENTURE & AGENCY
The relationship between the parties to this Agreement does not create a joint
venture between the parties. The Agreement does not appoint any party as
agent for the other party.
8. GOVERNING LAW AND VENUE
This Agreement shall be interpreted under the laws of State of Texas. The
venue for any lawsuit arising out of this Agreement will be in the Fort Worth
Division of the Northern District of Texas if the lawsuit arises in Federal Court
or Tarrant County, Texas if the matter arises in State Court.
9. ASSIGNMENT
This Agreement shall not be assigned or transferred and that any attempt to
assign or transfer this Agreement or any of its rights or obligations shall be null
and void.
10. SEVERABLITY
If any court determines any provision in this Agreement is invalid, void, or
unenforceable, the remaining provisions will nevertheless continue in full force
and effect.
11.COMPLAINCE WITH LAWS
In providing the services required by the Agreement, CITY must observe and
comply with all applicable federal, state, and local statues, ordinances, rules
and regulations, including, without limitation, worker's compensation laws,
minimum and maximum salary and wage statutes and regulations, and non-
discrimination laws and regulations. CITY shall be responsible for ensuring its
compliance with any laws and regulations applicable to its business, including
maintaining any necessary licenses and permits.
12. EFFECTIVE DATE
This Agreement become effective when signed by the last party whose signing
makes the Agreement fully executed.
13.TERM
This Agreement shall begin upon the approval of both the City Council and the
Tarrant County Commissioner's Court and shall continue until canceled by
either party with a minimum of 90 days written notice to the other party.
14.AMENDMENT
No amendment, modification or alternation of the terms of this Agreement shall
be binding unless the same is in writing and signed by both parties.
15.TERMINATION
Either party may terminate this Agreement without cause by providing written
notice of intent to terminate at least ninety (90) days prior to the intended date
of termination. Written notice of intent to terminate shall be sent by certified
mail, return receipt requested, to the other party at its address-
Addresses -
Tarrant County Public Health CITY:
Attn: Environmental Health Division Manger Attn:
1101 S. Main St. Address:
Fort Worth, Texas 76104
Executed this day of , 20_
CITY of STATE OF TEXAS
COUNTY OF TARRANT
By-
Name-
Title -
Date:
APPROVED AS TO FORM:
By:
Name:
Title:
Date:
ATTEST:
By:
Name:
Title:
Date:
go
Tim O'Hare
County Judge
Date:
APPROVED AS TO FORM-
By-
Name-
Title-
Date-
ATTEST -
By:
Name:
Title:
Date:
DESCRIPTION OF SERVICES EH FEE SCHEDULE
CONSUMER HEALTH
special Fund: F223
Annual Public Pool & Spa permit fee
$ 315.00
Pool Plan Review & Opening Inspection**
$ 200.00
Contractual Inspections - School Districts (avg $150 per site visit)**
$ 150.00
Food Service Permit: less than 500 sq. ft.
$ 400.00
Food Service Permit: >500 =<less than 1500 sq. ft.
$ 500.00
Food Service Permit: >1500 =<less than 3000 sq. ft.
$ 600.00
Food Service Permit: >3000=<less than 6000 sq. ft.
$ 700.00
Food Service Permit: >6000 sq. ft. or above
$ 800.00
Food Service Permit: Adjunct Food Service
$ 500.00
Food Service Permit: Adjunct Food Store - <less than 5000 sq. ft.
$ 500.00
Food Service Permit: Adjunct Food Store - >5000 sq. ft. or above
$ 600.00
Food Service Permit: Catering Operation
$ 700.00
Food Service Permit: Child Care Facility
$ 500.00
Food Service Permit: School Cafeteria w/ Contract
$ 250.00
Food Service Permit: Commissary (non -prep)
$ 400.00
Food Service Permit: Commissary (prep.)
$ 600.00
Food Service Permit: Food Court
$ 600.00
Food Service Permit: Mobile Unit (prepackaged)
$ 400.00
Food Service Permit: Mobile Unit (preparation of food)
$ 600.00
Food Service Permit: Mobile Unit (push cart)
$ 600.00
Farmers Market
$ 100.00
Food Store: <less than 5000 sq. ft.
$ 600.00
Food Store: >5000 sq. ft. or above
$ 800.00
Food Late Fee: 1-30 days
10% of fee
Food Late Fee: 31-60 days
20% of fee
Food Late Fee: 61-90 days
30% of fee
Plan Review: >1500 sq. ft. or above
$ 200.00
Plan Review: <1500 sq. ft. or below
$ 100.00
Temporary Food Establishment 1-5 Days**
$ 35.00
Temporary Food Establishment 6-14 Days
$ 70.00
Required/Requested Reinspection
$ 75.00
MISCELLANEOUS - CONSUMER/ENVIRONMENTAL HEALTH
No Fee changes, Fund: Pa-T04
Duplicate Permits**
$ 15.00
—indicates no fee increase
Service Description
1Original Fees I Updated Fees
Pool Service Permit
Annual Public Pool & Spa permit fee
$250
$315
Pool Plan Review & Opening Inspection"
$150
$200
Food Service Permit
less than 500 sq. ft.
$100
$400
>500 =<less than 1500 sq. ft.
$150
$500
>1500 =<less than 3000 sq. ft.
$200
$600
>3000=<Iess than 6000 sq. ft.
$250
$700
>6000 sq. ft. or above
$300
$800
Adjunct Food
Adjunct Food Service
$150
$500
Adjunct Food Store - <less than 5000 sq. ft.
$150
$500
Adjunct Food Store - >5000 sq. ft. or above
$200
$600
Catering Operation
$250
$700
Childcare/School
Child Care Facility
$150
$500
Contractual Inspections - School Districts (avg $150 per site visit)**
$150
$150
School Cafeteria w/ Contract
$150
$250
Commissary
Commissary (non -prep)
$100
$400
Commissary (prep.)
$200
$600
Food Court
Food Court - per establishment
$200
$600
Mobile Unit
Mobile Unit (prepackaged)
$100
$400
Mobile Unit (preparation of food)
$200
$600
Mobile Unit (push cart)
$200
$600
Farmers Market"
$100
$100
Food Store: <less than 5000 sq. ft.
$200
$600
Food Store: >5000 sq. ft. or above
$300
$800
Food Late Fees
1-30 days"
10% of fee
10% of fee
31-60 days"
20% of fee
20% of fee
61-90 days"
30% of fee
30% of fee
Plan Review
>1500 sq. ft. or above
$100
$200
<1500 sq. ft. or below
$50
$100
Temporary Food Establishment
1-5 Days"
$35
$35
6-14 Days
$35
$70
Re -inspection Fee
Required/Requested Reinspection"
$75
$75
MISCELLANEOUS - CONSUMER/ENVIRONMENTAL HEALTH
Duplicate Permits"
$15 I
$15
"indicates no fee increase
Red/&tpk&t4 „— Deletions
Blue/Underline - Insertions
Sec. 12-1. Purpose.
PART II - CODE OF ORDINANCES
Chapter 12 HEALTH AND SANITATION
Chapter 12 HEALTH AND SANITATION'
ARTICLE 1. FOOD ESTABLISHMENTS2
DIVISION 1. GENERALLY
The purpose of these rules is to safeguard public health and provide to consumers food that is safe,
unadulterated, and honestly presented.
'Charter ref erence(s)—Department of health and sanitation, § 4.06; authority to provide for public health, §§ 2.02,
3.07(o), 11.24.
Cross reference(s)—Dangerous buildings, § 7-20 et seq.; housing code, § 7-140; burning trash, § 11-43; required
connection to water and sewer mains, §§ 25-21, 25-23, 25-61.
State law reference(s)—"Local Public Health Reorganization Act," V.T.C.A., Health and Safety Code § 121.001 et
seq.
2Editor's note(s)—Ord. No. 2002-58, and § 2, adopted Aug. 20, 2002, deleted former Ch. 12, Art. I in its entirety,
and added new Arts. I—V as herein set out. Formerly, Ch. 12, Art. 1, Art. 1, §§ 12-1-12-9, pertained to
general provisions, and derived from the following ordinances:
Ord. No. Adoption
Date
68-38
12- 3-68
69-30
8-19-69
73-30
8- 7-73
83-28
6- 7-83
83-71
11- 1-83
85-46
9-17-85
88-02
1- 5-88
Ord. No.
Adoption
Date
90-56
9- 4-90
91-42
7- 2-91
91-44
7-16-91
91-49
8- 6-91
95-22
4- 4-95
95-69
9- 5-95
99-21
3- 2-99
Grapevine, Texas, Code of Ordinances
(Supp. No. 50)
Created: 2023-01-30 19:36:57 [EST]
Page 1 of 67
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-2. Designation of health authority.
The city designates toe Tarrant County Public Health as its health authority for the purpose of ensuring
minimum standards of environmental health and sanitation within the scope of that department's function.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2004-27, § 2, 4-20-04)
Sec. 12-3. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings as ascribed to
them in this section, except where the context clearly indicates a different meaning:
Adulterated food: A food containing any poisonous or deleterious substance as specified in the V.T.C.A.,
Health and Safety Code § 431.081.
Approved: Acceptable to health services based on a determination of conformity with principles, practices,
and generally recognized standards that protect public health.
Beverage: A liquid for drinking, including water.
Building official: The officer or other designated authority charged with the administration and enforcement
of this code, or the building official's duly authorized representative.
Consumer. A person who is a member of the public, purchases and takes possession of food, is not
functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the
food for resale.
Department: The Texas Department of Health.
Easily cleanable: A characteristic of a surface that allows effective removal of soil by normal cleaning
methods; is dependent on the material, design, construction, and installation of the surface; and varies with the
likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based
on the surface's approved placement, purpose, and use.
Employee: Any person manufacturing, packaging, producing, processing, storing, selling, offering for sale,
vending, preparing, serving, or handling any food in a food establishment.
Food: A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or
for sale in whole or in part for human consumption, or chewing gum.
Food establishment: An operation that stores, prepares, packages, serves, or otherwise provides food for
human consumption such as: a food service establishment; retail food store; satellite or catered feeding location;
catering operation, if the operation provides food directly to a consumer or to a conveyance used to transport
people; market; remote catered operations; conveyance used to transport people; institution; or food bank; and
that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home
delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
Food handler. Any person who prepares, serves, packages or handles open food or drink, or who handles
clean utensils, pots, pans, or single -service items.
Health services: Tarrant County Public Health.
Nonprofit facility:
(1) All government entities and political subdivisions and public school districts.
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(2) Organizations chartered under the Texas Non -Profit Corporation Act.
(3) Operations exempted by Internal Revenue Code Section 501C.
Mobile food establishment: A vehicle mounted food establishment designed to be readily moveable (includes
a push cart).
Packaged: Bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food
establishment or a food processing plant. The term does not include a wrapper, carryout box, or other non -durable
container used to containerize food with the purpose of facilitating food protection during service and receipt of
the food by the consumer.
Permit: The document issued by health services that authorizes a person to operate a food establishment.
Permit holder. The entity that is legally responsible for the operation of the food establishment such as the
owner, the owner's agent, or other person; and who possesses a valid permit to operate a food establishment.
Person in charge: The individual present at a food establishment who is responsible for the operation at the
time of inspection.
Temporary food establishment: A food establishment that operates for a period of no more than five
consecutive days in conjunction with a single event or celebration no more than four times a year.
Vending machine: A self-service device that, upon insertion of a coin, paper currency, token, card, or key,
dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between
each vending operation.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2004-27, § 3, 4-20-04)
Sec. 12-4. Fees.
(a) Health services shall charge fees for food establishments in addition to those charged by the Building
Services Department.
(b) The fees shall be set forth in a schedule adopted by Tarrant Countv Public Health Department and the citv
council.
(c) The fee schedule shall be available to the public at the health services office.
DIVISION 2. AMENDMENTS/ADMINISTRATION
Sec.12-45. Regulations adopted and amendment -standards.
The provisions of the current rules or rules as amended are herein adopted together with the additions, deletions,
and amendments hereinafter contained in 25 Texas Administrative Code, Chapter 228. Th/a anima cirr/ant 0 this
a4=t+cia 0-all "s "rain^*^' On accerd-ance v6lith tl,�ta Dapartrr/ant 0 I'm-alth, °\%w1 0 Feci and Drug cafet.,
Atwil FGoa s DO, i:irn "Ttimi FGoal SM.a)rIi:)hrn:,nt 11:Ala3 25 TAG" 229-161 229171, 229-173 229-1-'t., Th/S Tia ais
Feed Drug and !`.,ss..- eticAct" (V.T-.C=. A., I'nalth andSafety r'ede Gh 431)-,rd Canitatien and
o.-,.*Pc#ffiAn I(V.T.G.1., Tzim-_ &,d Safety Gh 341a cepy f,.,h ;aV,4,-�JI :t cn file in t% cffi e#
the city secretary.
(Ord. No. 2002-58, § 2, 8-20-02)
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Sec. 12-156. Food handler card required.
(a) Every food service employee shall within 30 days of the date of employment, be the holder of a current valid
food handler card, issued by health services.
(b) No person who owns, manages or otherwise controls any food service establishment shall permit any food
service employee to come in contact with any defined food related areas if the employee does not within 30
days after employment possess a current valid food handler card issued by health services.
(c) Every food service or food establishment shall have available on the premises at all times the food handling
card of each employee for inspection, and if requested, shall provide the Tarrant County Public Health with
documentation of the date of employment of any employee of the establishment.
(d) Temporary food service establishments operated in conjunction with a special event shall be exempt from
this required food handler's card.
(e) Every card issued shall remain effective for a period of three years at the discretion of health services and
may be renewed upon successful completion of additional approved refresher courses and payment of
renewal fees. Food handler cards are the property of the person named thereon and must be returned by
employers to such person upon cessation of employment.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2004-27, § 4, 4-20-04)
Sec. 12-6 . Food handling class required; food handler card.
In order to receive a food handler card, every person owning, employed by, or otherwise connected with a
food establishment whose work brings him/her into contact with food, utensils or food service equipment shall be
required to attend a food handling class held by health services before a food handler card will be issued. An
approved food management protection training program as required by V.T.C.A., Health and Safety Code Ch. 438,
Subch. D, as amended, may be substituted for the course provided by the Tarrant County Public Health.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2004-27, § 5, 4-20-04)
Sec. 1248. Food establishments permits required.
(a) No person shall operate a food establishment without a current, valid food establishment permit issued by
health services.
(b) A separate permit shall be required for every food establishment with separate and distinct facilities and
operations, whether situated in the same building or at separate locations. Separate and distinct lounge
operations within a food establishment that are in addition to food operations require a separate permit
(inclusive of bars, deli(s) or like businesses).
(c) Permits issued under the provisions of this article are not transferable. A permit shall be valid for the period
of time shown on the face of the permit, unless earlier suspended or revoked by health services.
(d) The application for a new or a renewed permit shall be made on an application form prescribed by health
services.
(e) The application shall require the applicant's name, type of business organization, the name and address of
the owner or principal officer of the business, the nature of the business, the location of the business, and
such other information as health services deems necessary.
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(f) Applications for permits for mobile food units or temporary event establishments which operate from a fixed
food facility located outside of the city shall have correct truck registration, insurance, and valid/current
driver's license information for each vehicle and each driver.
(g) A temporary food/event establishment permit shall be required and daily inspections shall be required.
(h) Health services shall not renew an expiring or expired permit until the owner or operator of the food
establishment provides proof of compliance with current minimum health requirements.
(i) Upon change of ownership of a business, the new owner shall be required to meet current food
establishment standards as defined in this Code and state law before a permit will be issued by health
services.
(j) The following types of establishments are exempt from the requirements of this article:
(1) Group homes;
(2) Establishments selling only commercially packaged, non -potentially hazardous foods;
(3) Vending machines;
(4) Facilities operated by nonprofit organizations for their members, families, and invited guests. Facilities
are not exempt when food service is provided in conjunction with a child care facility, retirement,
center, hospital, school, indigent feeding program or public fundraising events; and
(5) Private schools that do not have a kitchen.
(k) Criminal offenses.
(1) A person commits an offense if the person knowingly owns, operates, or is in control of a food
establishment that is operating without a valid food permit.
(2) A person commits an offense if the person owns or operates a food establishment and knowingly fails
to post and maintain a permit.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-99. Classification of permits.
(a) Food establishment permits shall be classified according to the duration of operation and location of such
operation.
(b) The duration of a permit shall fall within one of three categories; annual, temporary, or seasonal, as follows:
(1) Annual. An establishment that operates throughout the year.
(2) Temporary. An establishment that operates five consecutive days/or fewer, in conjunction with a
special event no more than four times a year.
(3) Seasonal. An establishment that operates no more than six weekends consecutively, two times each
year, and not associated with a special event. Establishment shall be issued one permit two times per
year, with permission from primary business location and operate as secondary only to primary
business location with current and valid certificate of occupancy and during normal business hours. No
seasonal permits shall be issued for any residential zones.
(c) The location classification of a permit shall fall within one of two categories, either fixed or mobile, as
follows:
(1) Fixed food establishments.
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a. Food service establishment —Restaurants, cafeterias, snack bars, bakeries, snow cone stands,
caterer's commissaries, private school cafeterias, halfway house food services, hospital
kitchens/cafeterias, institutional food services, etc., where food is prepared and served.
b. Retail food stores handling prepackaged, potentially hazardous foods.
C. Retail food stores handling, processing or selling open foods.
d. Food warehouses/wholesalers.
e. Bars/lounges.
(2) Mobile food units.
a. Retail food unit handling prepackaged food.
b. Retail food unit (including trailers, mobile barbecues, snowcone units, etc.) handling, processing
or selling open food. A separate permit is required for each different type of mobile unit owned
or operated by an individual or company.
C. Any person or firm who operates a mobile food unit or a mobile food establishment as defined in
this article shall not operate such establishment within one block of any block containing an
elementary or junior high school.
d. Only food items previously approved by health services may be sold on a mobile food unit. Non-
food items such as toys, fireworks, or any hazardous substances such as stink bombs are
prohibited.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-910. Permits —Authority to issue.
Health services is hereby authorized to issue permits to any person or firm making application for a food
establishment permit, food handler permit, mobile food establishment or a temporary food establishment permit
in the city; provided that only a person or firm that complies with the requirements of this article shall be entitled
to receive and retain such permit.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-110. Permits —Application.
(a) Application for such permit as required by this article in section 12-7(a) shall be made in writing to health
services upon forms prescribed and furnished by health services.
(b) A food establishment permit plan review fee shall be due for each food establishment that requires plans to
be submitted according to section 12-7.
(c) A food establishment permit application fee shall be due for each food establishment that requires a new
food establishment permit due to change of ownership, change in type of operation, or revocation, and a
new application shall be made for a permit as required by section 12-7(a). Whenever a new food
establishment permit is required, health services shall inspect the food establishment prior to beginning
operation to determine compliance with requirements of this article.
(d) Failure to provide all required information, or falsifying information required on the application, may result
in denial or revocation of the permit.
(Ord. No. 2002-58, § 2, 8-20-02)
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Sec. 12-12-1. Review of plans.
(a) Submission of plans. Whenever a food service establishment is constructed or remodeled and whenever an
existing structure is converted to use as a food service establishment, properly prepared plans and
specifications for such construction, remodeling or conversion shall be submitted to the City of Grapevine
Building Services Department for review and approval before construction, remodeling or conversion is to
begin. The plans and specifications shall indicate the proposed layout, arrangement, mechanical, electrical
and plumbing plans and construction materials of work areas, and the type and model of proposed fixed
equipment and facilities. The 41 he submitted separately to the health services building department.
Health Services shall approve the plans and specifications if they meet the requirements of these rules. No
food service establishment shall be constructed, remodeled or converted except in accordance with plans
and specifications approved by the building department.
(b) Pre -operational inspection. Whenever plans and specifications are required by subsection (a) of this section
to be submitted to the building department, the building department shall inspect the food service
establishment prior to its beginning operation to determine compliance with the approved plans and
specifications and with the requirements to these rules.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-132-. Posting of food establishment and temporary food establishment permits.
Every permit holder or person in charge shall at all times have available on display in public view the food
establishment permit, mobile food establishment permit, or temporary food establishment permit.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-1 -. Permits —Duration.
(a) Any food establishment permit or mobile food permit granted under the provision of section 12-7(a) shall
remain in full force and effect 12 months from the date of issuance as long as the annual food establishment
permit fee is paid and unless said permit is denied, suspended or revoked for cause. A food establishment
permit that lapses for non-payment of the annual food establishment permit fee will be re -instated upon
payment of a re -instatement fee, except that permits lapsed for more than three months may not be re-
instated.
(b) An exception to paragraph (a) above is that a temporary food establishment permit shall remain in full force
and effect for a period of time not more than five consecutive days from date of issuance in conjunction with
a single event or celebration unless suspended or revoked for cause.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-154. Permits —Non -transferable.
Every permit issued under the provisions of this ordinance shall be non -transferable, non-refundable, and at
health services discretion. A food establishment or temporary food establishment permit shall permit the
operation of the establishment only at the location, for the type of food service, and for the permit holder for
which granted.
(Ord. No. 2002-58, § 2, 8-20-02)
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Sec. 12-1 -5. Inspection frequency.
(a) An inspection of a food service establishment shall be performed at least twice annually and shall be
prioritized based upon assessment of a food establishment's compliance and potential of causing food borne
illness according to the Texas Food Establishment Rules.
(b) Additional inspections of the food establishment shall be performed as often as necessary for the
enforcement of this article.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-176. Inspections regulations.
(a) Health services may enter premises or vehicles regulated by this article at all reasonable times whenever it is
necessary to make an inspection to enforce any of the provisions of this article or other laws regulating food,
to inspect permits, certificates, and other records required by this article and state and federal laws
regulating food, to collect samples of food and other substances as may be necessary for the detection of
unwholesomeness or adulteration, or whenever probable cause exists to believe that a violation of this
article or other laws regulating food exists.
(b) Health services shall first present credentials and demand entry if the premises are occupied. If the premises
are unoccupied, the inspector shall first make a reasonable attempt to locate the owner, operator or other
person in control of the premises and demand entry.
(c) If entry is denied or if a person in control cannot be located, health services shall have every recourse
provided by law to secure entry, including obtaining a search warrant.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-18-. Examination and condemnation of food generally.
Food may be examined or sampled by health services as often as necessary for enforcement of these rules.
Health services, upon written notice to the owner or person in charge specifying with particularity the reasons
therefore, may place a hold order on any food which it believes is in violation of Texas Food Establishment Rules.
Health services shall tag, label, or otherwise identify any food subject to the hold order.
No food subject to a hold order shall be used, served, or moved from the establishment. Health services shall
permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk
to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall
state that a request for hearing may be filed within ten days and that if no hearing is requested the food shall be
destroyed. A hearing shall be held if so requested, and on the basis of evidence produced at that hearing, the hold
order may be vacated, or the owner or person in charge of the food may be directed by written order to denature
or destroy such food or to bring it into compliance with the provisions of these rules.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-199. Procedure when infection is suspected.
When health services has reasonable cause to suspect the possibility of disease transmission from any food
service establishment employee, it may secure morbidity history of the suspected employee or make any other
investigation as may be indicated and shall take appropriate action. Health services may require any or all of the
following measures:
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(1) The immediate exclusion of the employee from all food service establishments;
(2) The immediate closing of the food service establishment concerned until, in the opinion of health
services, no further danger of disease outbreak exists;
(3) Restriction of the employee's services to some area of the establishment where there would be no
danger of transmitting disease; and
(4) Adequate medical and laboratory examination of the employee, of other employees and of his and
their body discharges.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec 12-4420. Remedies.
(a) Penalties. Any person who violates a provision of these rules and any person who is the permit holder of or
otherwise operates a food service establishment that does not comply with the requirements of these rules
and any responsible officer of that permit holder or those persons shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in an amount not to exceed $2,000.00 for violations of provisions
governing public health and sanitation for each offense. Each day that such violation shall continue shall be
deemed a separate and distinct offense and shall be punished as such.
(b) Injunctions. Health services may seek to enjoin violations of these rules.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-2 G. Additional requirements for mobile ice cream vendors and other vehicles
vending products to children.
(a) Additional requirementfor issuance of permit.
(1) All drivers of ice cream trucks and other vehicles vending products to children shall submit a copy of
their driver's license to the city and obtain the permit described in this article before operating such
vehicle.
(2) All permit applicants shall provide proof of automobile insurance according to state law along with the
application.
(3) All applicants shall be subject to a criminal history background check, and shall consent to such check
as a condition of application. A conviction for any offense involving actual or attempted homicide,
kidnapping, assault or assaultive offenses, unlawful sexual conduct or assault, theft (including robbery
or burglary), prostitution or obscenity shall be grounds for disqualification of an applicant.
(b) Safety equipment for ice cream trucks.
(1) Signs stating "WATCH FOR CHILDREN" must be provided on the front, back, and both sides of the
vehicle in at least four inch letters of contrasting colors.
(2) The company name, address, and phone number must be on both sides of the vehicle in at least three-
inch letters of contrasting colors.
(3) A serving window, capable of being closed when not in use, must be provided and must be located on
the curbside only.
(4) Left and right outside rear view mirrors as well as two additional outside wide-angle mirrors on the
front and back of the vehicle must be provided to enable the driver to see around the entire vehicle.
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(5) Operable yellow or amber flashing hazard lights that are clearly visible not less than 100 yards from the
mobile unit under average daylight conditions shall be provided. Such lights shall be mounted no more
than 12 inches below the roof of the mobile unit. No fewer than two lights shall be visible from each
approach.
(6) A rear bumper cover shall be installed to prevent children from standing or jumping on the rear of the
vehicle.
(c) Vending requirements for mobile ice cream vendors.
(1) Location.
a. Mobile ice cream trucks are permitted to vend in an area for no more than 15 minutes, then they
must move to another location.
b. Mobile ice cream vending is prohibited within City of Grapevine parks.
C. Mobile ice cream trucks shall not vend within one block of any block containing an elementary or
junior high school during school hours or within one hour before or after school hours on a day
that school is scheduled to be in session.
d. Mobile ice cream trucks shall not vend within 100 feet from an intersection.
(2) Hours of operation. Mobile ice cream vending may only occur from 10:00 a.m. to one-half hour before
sunset.
(3) Use of sound equipment.
a. Use of sound equipment shall be limited to music or human speech.
b. Sound shall not be audible more than 100 yards from the truck. Sound shall be produced at no
more than 80 dBA.
C. Sound equipment may only be used from 10:00 a.m. until one-half hour before sunset.
d. Sound shall not be broadcast within 100 yards of schools during school hours while school is in
session, or within 100 yards of hospitals, churches, courthouses, funeral homes, or cemeteries.
e. Sound shall be turned off while the vehicle is stopped for vending.
(4) Safety precautions.
a. Drivers shall check around the vehicle before leaving the area to ensure that children are not
remaining. When handing the purchased product to the children, drivers shall make certain
traffic is clear, in case a child leaves the truck immediately and fails to observe the hazard of
oncoming traffic.
b. Child customers shall not be allowed inside the vehicle. This provision shall not apply to children
related to the driver within the third degree of consanguinity or affinity, while riding with the
driver along the sales route.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2007-43, § 2, 8-21-07)
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PART II - CODE OF ORDINANCES
Chapter 12 - HEALTH AND SANITATION
ARTICLE I. - FOOD ESTABLISHMENTS
DIVISION 3. ENFORCEMENT
DIVISION 3. ENFORCEMENT
Sec. 12-22-1. Enforcement options.
When the building official or his designee has determined that a violation of this article has occurred or is
occurring, the following remedies are available to health services. The remedies provided for in this section or
elsewhere in this article are not exclusive. Health services may take any, all, or any combination of these actions
against a violator, consecutively or concurrently:
(1) Issuance of a warning notice, verbal or written;
(2) Issuance of one or more citations;
(3) Emergency closure/suspension order;
Post and maintain a placard at the entrance of the food establishment, notice of the conditions
therein, or to require the owner, operator, or person in charge of the establishment to maintain
the placard at the entrance that this establishment is closed.
b. To suspend without delay its food establishment permit.
(4) Conditions which warrant the actions authorized include but are not limited to loss of electrical power,
interruption of water service, sewage backing up into the establishment, serious lack of sanitation, or
catastrophic occurrence.
(5) The owner, operator, or other person in charge of the establishment will be given written notice of the
reason for the closure and/or suspension.
(6) Upon receipt of the notice, the food establishment shall immediately cease food operations.
(7) A person commits an offense if the person engages in food operations in an establishment which has
been closed or had its license suspended pursuant to this section.
(8) A person commits an offense if the person removes or tampers with any notice posted pursuant to this
subsection.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-232-. License, certificate or permit suspension.
(a) Health services may, without warning, notice or hearing, suspend any permit, license or certificate to
operate a food service establishment if the holder of the permit, license or certificate has failed to comply
with the requirements of these rules; and such noncompliance constitutes a hazard to public health. Health
services may end the suspension at anytime if the reason for suspension/emergency closure no longer exists.
(b) If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup into the
establishment, the establishment shall immediately cease food service operations. Operations shall not be
resumed until authorized by health services.
(Ord. No. 2002-58, § 2, 8-20-02)
Grapevine, Texas, Code of Ordinances
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Sec. 12-2. -. Revocation proceedings.
(a) Notification of right to hearing. When a notice of suspension is given the holder of the permit or certificate
or the person in charge (should said person not agree with the findings of the inspection report); then said
person must submit a petition in writing requesting a hearing. If no written request for hearing is filed within
ten days of receipt of the notice of suspension, the permit or certificate will be suspended. Health services
may end the suspension at any time if reasons for suspension no longer exist.
(b) In its petition, the petitioner shall indicate the provisions of the action objected to, and the reasons for the
objection(s), any facts that are contested, the evidence that supports the petitioner's view of the facts, and
whether the petitioner requests a hearing on its petition.
(c) Hearings. The hearings provided for in this chapter shall be conducted by the city manager or his designee
who will designate the time and place for the hearing. Based upon the recorded evidence of such hearings:
the city manager or his designee shall make a finding and shall sustain, modify or rescind any notice or order
considered in the hearing.
(d) This hearing shall be deemed to exhaust the administrative remedies of the person aggrieved.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-2 4-12-30. Reserved.
ARTICLE II. DAY CARE CENTERS3
Sec. 12-31. Purpose.
The purpose of this article is to supplement state statutes and regulations governing day care centers by
providing standards for operation of day care centers in the city to protect the health, safety and welfare of the
occupants and patrons of day care centers.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-32. Designation of health authority.
The city designates the Tarrant County Public Health as its health authority for the purpose of ensuring
minimum standards of environmental health and sanitation within the scope of that department's function.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2004-27, § 6, 4-20-04)
Sec. 12-33. Texas Department of Protective and Regulatory Services Regulations adopted.
(a) The provisions of the current rules or rules as amended, known as the "Minimum Standards for Day Care
Centers", found in Title 40 Texas Administrative Code, Chapter 715, Section 401 through 429 are herein
adopted together with the additions, deletions, and amendments hereinafter contained, as part of Article II,
Day Care Centers, of the Health and Sanitation chapter of the Code of Ordinances of the city.
'Note(s)—See the editor's note to Art. I of this chapter.
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(b) An un-a bridged copy of the "Minimum Standards for Day Care Centers" shall be kept on file in the office of
the city secretary. The provisions of the "Minimum Standards for Day Care Centers" shall apply, as though
such regulations were copied at length herein, except where specific other provisions are expressed within
this article.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-34. Definitions.
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:
Building official: Is the officer or other designated authority charged with the administration and
enforcement of this Code, or the building official's duly authorized representative.
Child: A person under 18 years of age.
Child care: The term "child care" shall not apply to:
(1) A state -operated facility;
(2) An agency foster group home or agency foster home as defined by the V.T.C.A., Human Resources
Code Ch. 42;
(3) A facility that is operated in connection with a shopping center, business, religious organization or
establishment where children are cared for during short periods while parents or persons responsible
for the children are attending religious services, shopping or engaging in other activities on or near the
premises, including but not limited to retreats or classes for religious instruction;
(4) A school or class for religious instruction that does not last longer than two weeks and is conducted by
a religious organization during the summer months;
(5) A youth camp licensed by the Texas Department of Health;
(6) A hospital licensed by the Texas Department of Health and Mental Retardation or the Texas
Department of Health;
(7) An educational facility accredited by the Texas Education Agency or the Texas Private School
Accreditation Commission that operates primarily for educational purposes in grades kindergarten and
above;
(8) An educational facility that operates solely for educational purposes in grades kindergarten through at
least grade two, that does not provide custodial care for more than one hour during the hours before
or after the customary school day, and that is a member of an organization that promulgates, publishes
and requires compliance with health, safety, fire and sanitation standards equal to standards required
by state, county and municipal codes.
(9) Kindergarten or preschool educational program that is operated as part of a public school or a private
school accredited by the Texas Education Agency or the Texas Private School Accreditation
Commission, that offers educational programs through grade six, and that does not provide custodial
care during the hours before or after the customary school day;
(10) A family home as defined by the Texas Human Resources Code, Chapter 42;
(11) An educational facility that is integral to and inseparable from its sponsoring religious organization or
an educational facility, both of which do not provide custodial care for more than two hours maximum
per day, and that offers educational programs for children age five and above in one or more of the
following: kindergarten through at least grade three, elementary or secondary grades; provided,
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however, that a religious organization, such as that described in subsection (3) above, where children
are cared for during short periods while parents or persons responsible for the children are attending
religious services or engaged in other activities on or near the premises, may provide custodial care for
more than two hours per day; or
(12) After -school care facilities in public schools that provide care before or after the usual school day, or
full day care for the same children on school holidays or during summer vacation for more than five
children, ages five through 13 years, for children enrolled in the public school provided that the facility
is properly licensed by the Texas Department of Protective and Regulatory Services.
City: City of Grapevine.
City Code: The Code of Ordinances of the city, as amended from time to time.
Day care center. A facility that provides care for more than five children under 14 years of age, who are not
the natural or adopted children of the owner or operator of the day care center, for less than 24 hours a day.
Department: The Texas Department of Health.
Food service: The preparation or serving of meals or snacks.
Handwashing lavatory: A basin with hot and cold running water for the washing of hands.
Health department: Tarrant County Public Health (Code services).
Health department permit: A certificate issued by the Tarrant County Public Health upon application and
inspection of a day care center which at the time of issuance complied with applicable city ordinances.
Infant: A child younger than 18 months old.
Isolation area: An area or room apart from other facilities which shall be available for use by children who
become sick or injured.
Owner. A person having any legal or equitable interest in the business or operation of a day care center. A
person is deemed to be an owner for purposes of this chapter if that person operates, conducts, manages,
maintains or controls, either directly or indirectly, a day care center.
Person: An individual or any other legal entity.
Premises: A tract of land with the buildings thereon, or a building or part of a building with its grounds or
other appurtenances.
Pre-schoolers: Children between two and five years of age.
Refuse: All wastes resulting from domestic, commercial or industrial operations incidental to urban life,
except sewage, but including garbage, brush and trash.
Restroom: A self-contained enclosure with a door on it, containing at least one lavatory and one commode.
Sewage: The liquid waste, which may or may not contain solids, from the plumbing facilities or sanitary
conveniences of a building, dwelling unit, business building, factory or institution.
Single -purpose sink: A sink that is used for only one purpose, said purpose being specifically designated by
the facility and approved by health services. Types of single -purpose sinks include, but are not limited to:
handwashing lavatories at diaper changing stations, handwashing lavatories in restrooms, wastewater disposal
sinks, and sinks required for food service preparation in accordance with the rules on food service sanitation.
Toddler. Any child between 18 and 23 months of age.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2004-27, § 7, 4-20-04)
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Sec. 12-35. Day care permit, inspection, and compliance.
(a) A day care center shall be inspected by health services prior to issuance of a day care permit.
(b) No person shall operate or cause to be operated a day care center in the city without first obtaining a day
care permit.
(c) Health services is hereby authorized to issue a day care permit in the city when it finds that the owner or
operator of the day care center has complied with the requirements of this article and all other applicable
sections of the City Code. If the day care center is in compliance, the owner or operator of the day care
center as provided above shall be issued a day care permit.
(d) If at the time of inspection, a day care center is found to not be in compliance with this Code, a day care
permit will be suspended or will not be issued. After notification of the violations or deficiencies which were
detected, the owner shall be required to remedy the conditions of violation or deficiencies within a
reasonable period of time as prescribed by the director, but not to exceed 30 days.
(e) If a day care permit is denied by health services, the applicant may appeal by following the procedure
specified in section 12-52.
(f) Health services shall keep on file, the reports of inspections made of the day care center as well as
appropriate notices or directives to the owner or operator of any violations or deficiencies observed in the
inspection.
(g) The owner or operator of the day care center shall operate the facility or cause it to be operated at all times
in compliance with the provisions of this article and other applicable sections of the City Code. The owner or
operator of the day care center shall correct or cause to be corrected within the time period specified any
violation or deficiency that is identified by the building official or his designee.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-36. Permit application.
(a) Application for a permit to operate a day care center shall be submitted by the owner on a form specified by
health services.
(b) The permit application shall state the owner's name, address and telephone number and the name and
social security account numbers of all employees and staff members of the day care center.
(c) The permit application shall indicate the name, street and mailing addresses of the day care center, status of
food service provided for children, and times of operation.
(d) Upon change of ownership, a new application shall be made for a permit as required in this section. Health
services shall inspect the day care center prior to its beginning operation to determine compliance with the
requirements of this ordinance. Failure to comply with the requirements of this ordinance may result in
denial, suspension, or revocation of a permit.
(e) The owner shall affirm that a certificate of occupancy has been applied for with the Grapevine Building
Inspection Department, its issuance contingent in part on the successful application for a day care center
permit.
(f) Failure to provide all required information, or falsifying information required on the application may result in
denial, suspension, or revocation of the permit.
(Ord. No. 2002-58, § 2, 8-20-02)
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Sec. 12-37. Review of plans.
(a) Whenever a day care center is constructed or remodeled and whenever an existing structure is converted to
use as a day care center, properly prepared plans and specifications for such construction, remodeling or
conversion shall be submitted to the City of Grapevine Building Services Department for review and approval
before construction, remodeling or conversion is begun. The plans and specifications shall indicate the layout
and arrangement of any proposed food service areas, indoor and outdoor areas to be used for the day care
center including mechanical plans; construction materials; plumbing fixtures; the type of fixed equipment;
and playground and fall zone specifications. The building department shall approve the plans and
specifications if they meet the requirements of the adopted city codes. The plans shall be submitted
separatelv to health services for review of compliance with these rules.
(b) No day care center shall be constructed, remodeled or converted except in accordance with plans and
specifications approved by health services the building department The approved plans and specifications
must be followed in construction, remodeling, or conversion.
(c) Whenever plans and specifications are required to be submitted, health services the building department
shall inspect the day care center prior to its beginning operation to determine compliance with the approved
plans and specifications and with the requirements of this article.
(d) Failure to follow the approved plans and specifications may result in permit denial, suspension, or
revocation.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-38. Permit duration and renewal.
A day care center permit shall be valid for one year from the date of issuance, unless suspended or revoked
as hereinafter provided. Any incorrect information in the records of health services for the day care center shall be
corrected before the permit may be renewed.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-39. Permit renewal, denial, suspension, and revocation.
(a) Health services is hereby authorized to deny, suspend, or revoke a day care center permit for a violation of
any provision of this article. Denial, suspension or revocation of a permit shall be effected by notice, in
writing, setting forth the reasons therefor and specifying any requirements or schedules of time for further
action related to the suspension or revocation.
(b) The following actions shall constitute cause for denial or suspension:
(1) Failure to respond within specified limits of time regarding violations observed during a health services
inspection of the premises and operation;
(2) Any violation of this article which poses a safety or public health hazard to any child entrusted to the
care of the day care center;
(3) Failure to posses a valid day care center license or accreditation issued by Texas Department of
Protective and Regulatory Services according to V.T.C.A., Human Resources Code Ch. 42;
(4) Failure to meet the requirements of the Texas Department of Protective and Regulatory Services,
V.T.C.A., Human Resources Code Ch. 42, related to the requirements for criminal history check and
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background search of central registry of reported cases of child abuse for all persons who are present
while children are in care.
(c) The following actions shall constitute cause for revocation:
(1) Failure to correct a violation following suspension of the permit; and
(2) Knowingly submitting false information, or allowing false information to be submitted, in the
application for a permit.
(d) Whenever a permit is denied, suspended or revoked, the permit holder or person in charge shall cease
operations. Parents or legal guardians shall be immediately notified of the denial, suspension, or revocation
by the day care center so that alternative child care arrangements can be made. Operations shall not resume
until such time as a re -inspection determines that conditions no longer exist causing denial or suspension.
The permit holder shall notify health services when the conditions causing the denial or suspension have
been corrected. The center may not resume operations until health services verifies that the conditions have
been corrected and written authorization given. A sign shall be posted by health services at the entrance of
the building clearly visible to a reasonably observant person which states "closed by health services". Signs
posted by the building official or his designee shall not be altered or removed unless authorized by the
building official or his designee.
(e) A permit that has been revoked shall not be reissued.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-40. Permits; non -transferable.
No permit issued under this article shall be used for any purpose other than that for which it was issued, nor
be transferred or assigned to, or in any manner used by, any person, firm or corporation other than the one to
whom issued by the building official or his designee.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-41. Display of permit.
The day care center permit shall be conspicuously posted on an inside wall of the main facility and shall be
continuously displayed in public view.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-42. Requirements for change of ownership of business.
(a) For purposes of this section, "change of ownership of the business of any day care center" is defined as the
sale, transfer, or exchange of any legal or equitable interest in the business operating a day care center to
another person. It shall not be considered a "change of ownership of the business of any day care center" for
purposes of complying with the requirements of this section if the owner of the business changes only the
type of business entity holding ownership and the owner remains a controlling partner or officer in the new
entity.
(b) Whenever a change in the ownership of the business of any day care center occurs, the existing certificate of
occupancy shall be automatically revoked, and the new owner:
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(1) Shall submit to the building department a scale drawing of the floor plan of the facility including, but
not limited, to the following proposed room usage, equipment schedule, room finish schedule,
plumbing schedule, and outdoor play area and play equipment;
(2) Shall pay the applicable plan review fee; and
(3) Shall obtain a new certificate of occupancy.
(c) The requirements of this section are in addition to a building permit or any applicable inspections or reviews
by any other city department.
(d) In the event of a change of ownership of the business of any day care center, it shall be unlawful for a new
owner to operate or cause to be operated a day care center without first complying with all the
requirements of this article.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-43. Applicability of other city permits and certificates.
It shall be unlawful for any person to operate or cause to be operated a day care center in the city without
first obtaining a building permit, certificate of occupancy, or any other certificate or permit which may be required
by any applicable article or chapter of the City Code. It shall be unlawful for any person to operate or cause to be
operated a food service establishment or temporary food service establishment at a day care center without
adhering to all rules for operation of such food service establishment, although said facility need not obtain a
separate permit for said use from health services. An owner of a day care center shall also comply with all
applicable City Code requirements before a permit is issued.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-44. Food service requirements.
General requirements shall be as follows:
(1) All day care centers in which food is prepared for human consumption shall comply with the pertinent food
service regulations set forth in the City Code and in the Rules on Food Service Sanitation (1977), as amended,
set forth by the Texas Department of Health, and a copy of which is on file with the city secretary. Day care
centers in which food is prepared on site must comply with all applicable food service regulations.
(2) Food service establishment permits or temporary food service establishment permits shall not be required in
day care centers which do not prepare food on site, which have children bring their own lunches, which
serve only pre -packaged single service snacks, or which prepare no food other than infant formula.
(3) All off -site food services used by a day care center must be permitted as a food service facility by an
appropriate health department or authority in the jurisdiction in which the food is prepared. Furthermore,
facilities receiving food from such food service entities must have adequate and appropriate provisions for
the holding and serving of food and for the washing of utensils in accordance with the requirements of the
adopted City Code.
(4) At all day care centers where food is prepared for human consumption, residential type refrigerators,
freezers and ranges shall not be used for food preparation or storage in the food preparation area. Only
equipment that meets or exceeds the standards established by the National Sanitation Foundation (NSF) will
be approved for use, except that, in areas other than food preparation areas, residential type refrigerators
may be used for storage of infant formula, juices and medications requiring refrigeration. Day care centers in
operation upon adoption of this article which were equipped with residential type equipment may continue
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to use such equipment until such equipment is replaced. All replacement equipment must meet or exceed
the standards established by the NSF.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-45. Sanitation and hygiene standards for day care center personnel.
General requirements shall be as follows:
(1) No owner, employee or volunteer who has a communicable disease, as defined by the Communicable
Disease Prevention and Control Act, or who is in a contagious state, or who is afflicted with boils,
infected wounds, sores, or acute diarrhea shall be permitted to care for children, come into contact
with children, prepare food, or be allowed to work in any capacity where he or she can transmit the
communicable disease or infect other individuals in the facility.
(2) Owners, employees and volunteers shall wear clean clothing and maintain a state of personal
cleanliness while at the facility.
(3) Owners, employees and volunteers shall thoroughly wash their hands with soap and warm water
before starting work, during work as often as necessary to keep them clean, after smoking, eating,
drinking, or using the toilet.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-46. Animal care.
General requirements shall be as follows:
(1) Animals kept on or brought to day care center premises shall be licensed and vaccinated against rabies
if required by the adopted City Code. Documentation of such vaccinations and registration shall be
kept on file at the facility.
(2) The day care center and premises shall be kept free of stray animals.
(3) Animals and their living spaces at a day care center shall be kept clean.
(4) Turtles and psittacine birds shall not be kept at or brought to day care center premises. No wild
animals or dangerous animals as those terms are defined by the adopted City Code, shall be kept at or
brought to day care center premises.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-47. Provisions for the control of communicable disease.
(a) All staff shall clean their hands and exposed portions of their arms with a cleaning compound by vigorously
rubbing together the surfaces of their lathered hands and arms for at least 20 seconds and thoroughly rinsing
with clean water and shall pay particular attention to the areas underneath the fingernails and between the
fingers. Staff shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are
cleanable and not rough.
(b) Staff must wash before preparing or serving food, before feeding a child or handling food, after caring for a
sick child, after diapering, after assisting a child with toileting, after coughing and sneezing, after cleaning
soiled surfaces, and after engaging in other activity that contaminates the hands.
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(c) Staff must assist children to ensure that their hands are thoroughly washed before eating, after using the
toilet, after a diaper change, after playing outdoors, after playing with pets, after coughing or sneezing, or
after any activity that contaminates the hands.
(d) Permanent signs shall be conspicuously posted by all handsinks including those in the restrooms, food
service areas, and classrooms, so as to be noticed by normally observant individuals, reminding all persons to
wash hands. Permanent signs, including pictorial messages, shall be posted for communication with children
unable to read.
(e) Employees and staff members shall have received a Mantoux tuberculosis skin test, with negative results,
within the last two years. In the case of a positive result or when a Mantoux tuberculosis skin test can not be
administered, a tuberculosis examination shall be conducted by a physician and the person found not to be a
risk for the communication of tuberculosis. Subsequent testing may be required by health services if the
person is exposed to tuberculosis.
(f) Employees and staff members shall not present themselves for work when ill with a contagious virus or other
disease that may affect the health of other persons. Persons shall not be permitted in the day care center
whose health status or behavior suggests a hazard to the health, safety and welfare of others, including
symptoms of a contagious illness, a dangerous mental or physical condition or symptoms of drug or alcohol
intoxication.
(g) Any child with symptoms of a communicable disease such as oral fever at or above 100.4°F, uncontrolled
diarrhea (two or more loose, watery stools in 24 hours) or vomiting (two or more episodes in 24 hours) shall
be isolated from other children at the day care center. Extra attention must be given to handwashing and
sanitation until the child can be picked up by a parent or other person(s) authorized by the parent according
to section 12-47(c).
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-48. Safety and sanitation.
(a) A day care center shall not be located in a manufactured home or in any part of a building other than the
ground level unless approved by the building and fire officials.
(b) A day care center shall maintain an adequate amount of first -aid supplies including, but not limited to soap,
antiseptic solutions, absorbent cotton, cotton -tip applicators, sterile gauze, adhesive tape and adhesive
bandages. One medium-sized package or container of each of these first -aid supplies shall be maintained in
unopened reserve at all times. A magnifying glass, thermometer and tweezers shall also be available. First -
aid procedures and supplies shall be applied, including cleaning and bandaging, for any cut or bleeding
abrasion of the skin.
(c) The day care center shall take effective measures to maintain the structure and grounds free of insect and
rodent infestation. Pest control services shall be provided by an individual or business that is properly
licensed by and in compliance with the Texas Structural Pest Control Board requirements. Pest control
records must be maintained by the day care center for a period of two years and must be available for
review by health services.
(d) All equipment and furnishings such as high chairs, chairs, tables, cribs, swings, or playpens shall be in good
repair and shall be free of entrapment and entanglement hazards.
(e) The interior of the building shall be maintained free of debris and filth. Walls and floors shall be maintained
in good repair, structurally sound and free of holes, dangerous protrusions or other obvious hazards. The
floors including carpeting, tile or other coverings shall be kept clean and free of accumulation of debris and
filth.
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(f) Grounds around the child care facility must be maintained free of debris, unnecessary items or any
harborage for rodents or mosquitoes.
(g) All fences, bridges, railings, and other ornaments or equipment on the grounds that are accessible to the
children must not pose an entrapment or entanglement hazard. They shall comply with adopted city codes.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-49. General facility design standards.
(a) General requirements.
(1) All stairs, porches, platforms and step elevations greater than 30 inches shall provide handrails or
guardrails for usage by children in accordance with the adopted city codes.
(2) All glazing (including windows and doors) shall be installed and maintained in accordance with the
adopted City Code.
(3) All electrical outlets, which are or may be accessible to or by children younger than five years old shall
be protected by childproof covers or safety outlets. All 220-volt electrical connections, which are or
may be accessible to or by children younger than five years old shall be protected by a screen or guard.
(4) The lead level of the water from each water tap and water cooler in the facility, from which water is
accessible to or consumed by children, must be at or below the maximum levels allowed by the Texas
Safe Drinking Water Act, as amended.
(b) Room finishes.
(1) All surfaces of kitchen and restroom doors shall be smooth and easily cleanable. All splash areas in
kitchens and bathrooms and the walls immediately adjacent thereto, shall have smooth and easily
cleanable surfaces. "Easily cleanable" shall mean that surfaces are readily accessible and made of such
materials and finish and so fabricated that residue may be effectively removed by normal methods.
(2) All floors shall be smooth, easily cleanable and free of the following: cracks, bare concrete, splinters,
sliding rugs, telephone jacks, and electrical outlets.
(3) Carpets shall be closely woven, of short nap and kept clean and in good repair. All carpets and carpeted
areas shall be vacuumed daily and shampooed as needed. Carpet use is prohibited in restrooms and
kitchens.
(c) Sanitation control measures for fixtures and facilities.
(1) All toilet fixtures and facilities shall be installed and maintained in accordance with the adopted city
plumbing code.
Commodes and urinals shall be located inside bathrooms and equipped so that children are able
to use them independently in accordance with the city plumbing code. Bathroom doors must
have no locks within the children's reach.
(d) There shall be at least one toilet and one handwashing lavatory for every 17 children.
(e) There shall be separately designated restrooms for male and female.
(f) All handwashing lavatories shall be provided with hot and cold water under pressure, tempered by means of
a mixing valve or combination faucet. The facility must ensure that the temperature of hot water available to
children is no higher than 120 degrees Fahrenheit. Self -closing or metering faucets shall provide a flow of
water for at least 15 seconds without having to be reactivated. Soap and a hand -drying device or disposable
towels shall be provided for use by both staff and children.
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(g) Restroom facilities shall be cleaned and sanitized at least once daily and more often if necessary. Restrooms
shall be mechanically ventilated to control odors. Installation and maintenance of mechanical vents shall be
in accordance with the city mechanical code.
(h) All toilets shall be equipped with open front toilet seats, and must comply with the adopted city plumbing
code.
(i) Each sink shall be designated as a "single -purpose use" sink. Combination fixtures, such as faucet/water
fountains, are prohibited. Each day care center shall have the following sinks:
(1) There shall be at least one handwashing lavatory in each restroom or immediately adjacent to each
restroom.
(2) If the facility has a diaper changing station, there must be a handwashing lavatory in every room where
there is at least one (1) diaper changing station.
(3) If the facility engages in food preparation, there must be a three -compartment sink in the food
preparation area.
(j) The source of potable water shall be from a public water supply, maintained and operated according to
Texas Department of Health Drinking Water Standards. Water under pressure shall be provided in adequate
supply to meet the provisions of the Texas Department of Health Drinking Water Standards.
(k) All sewage shall be discharged into a public sanitary sewer system.
(1) All refuse shall be kept in containers constructed and maintained of durable material with tight fitting lids or
covers, nonabsorbent and free from leaks. All containers shall be kept covered when not in use. A sufficient
number of containers shall be available to hold all refuse. Refuse shall be stored in clean areas, away from
the children and shall be inaccessible by flies, insects, rodents and other pests.
(m) All outer openings of a facility shall be protected against the entrance of flies, insects, rodents and other
pests by outward opening and self -closing doors, closed windows, screens, or other effective means of
protection and control as approved by health services.
(n) Toxic substances, both indoors and out, shall be inaccessible to children at all times. All containers holding
toxic substances shall be clearly labeled to identify the toxic substance contents.
(o) All toxic substances shall be dispensed and used in such a manner so as to prevent the toxic substance from
constituting a hazard to the children or staff.
(p) In the event that laundering is done on the premises, all clothes dryers shall be vented to the exterior of the
building in accordance with the adopted city mechanical code.
(q) In all day care centers, all light fixtures shall either be properly shielded or shall contain only shatterproof
light bulbs. At least 50 foot candles of light shall be provided in all areas of any room to which children have
access.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-50. Interior design, activity areas.
(a) General requirements.
(1) All equipment, materials and furnishings shall be of sturdy and safe construction, easy to clean, free of
sharp points or corners, splinters, protruding nails, loose rusty parts, and paint which contains lead or
other poisonous materials.
(2) Each child shall be provided with individual storage space for personal belongings.
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(3) Sleeping space and play areas may be used interchangeably so long as adequate space for orderly
storage of cots, bedding and play equipment is provided. All cots, cribs and mats shall be maintained in
a safe and sanitary manner. Hand contact areas of cribs shall be sanitized daily. Each child shall have his
or her own sleeping apparatus, which shall be placed in such a manner so as to allow at least one foot
of open space on all sides of the apparatus except where such apparatus is adjacent to a wall or
partition.
(4) Individual cribs, portable cribs or playpens used for sleeping shall be of safe and sturdy construction
and equipped with mattresses covered with waterproof material that can be cleaned. Crib sides shall
have secure latching devices. Vertical slats on cribs shall not be spaced more than 2% inches apart.
There shall be no more than 1% inches of space between the mattress and bed frame when the
mattress is pushed flush to any one corner of the crib.
(5) Linens shall be laundered at least once per week and more often if necessary. Linens shared by children
shall be laundered after each use. Linens used exclusively by one child shall be stored separately from
those of other children.
(b) Isolation area. All day care centers shall provide an isolation area or room for the use and comfort of any
child who becomes ill or is injured while at the facility. While the isolation area or room is in use by an ill or
injured child, the area or room must be kept free of other children.
(c) Diapering and toileting.
(1) Infants and toddlers shall be diapered at a diaper station which is in a central diapering area on a
sanitized surface.
(2) Diaper changing stations shall be located adjacent to handwashing lavatories equipped with hot and
cold water through mixing faucets as required in the adopted city plumbing code and supplied with
soap and disposable towels. Hands of the diapered child and persons changing the diaper shall be
washed before and after each diaper change. The surface of all diapering areas shall be sanitized after
each use.
(3) Disposable diapers, once used, shall be placed in a cleanable container with a tight fitting lid. The
container shall be lined with a moisture -proof disposable liner which may not be reused. When the
container is full, the liner and the used diapers shall be removed to a clean area, away from the
children, and shall be inaccessible by flies, insects, rodents, and other pests. Cloth diapers, once used,
shall be laundered or removed from the facility daily.
(4) Diaper changing stations shall be used only for the purpose of diaper changing.
(5) Use of crib or floor as diaper changing station is prohibited.
(d) Feeding.
(1) A child's hands shall be washed immediately prior to and immediately after consuming any food or
beverage.
(2) Food and beverages shall be served in separate containers for each infant or child. Food and beverages
shall not be served directly to a child from the original container, unless it is a single portion, single -use
container. Once served to a person, portions of leftover food or beverages shall not be served again,
except that packaged foods or beverages, other than potentially hazardous food, that are still packaged
and are still in sound condition, may be re -served.
(3) Bottled infant formula shall be properly capped when not in use and shall be identified with the child's
name. Formula, once prepared or opened, shall be refrigerated. Any formula prepared but not utilized
on the day it is opened or mixed shall be discarded at the end of that day.
(Ord. No. 2002-58, § 2, 8-20-02)
(Supp. No. 50)
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Sec. 12-51. Exterior premise.
General requirements shall be as follows:
(1) Exterior premises shall be well -drained and maintained free of high grass, poisonous plants, and pest
harborages and breeding sites.
(2) Exterior premises shall be free from cisterns and cesspools, and from unprotected wells, grease traps,
utility equipment, nuisances, and any other object or condition which may be hazardous to children.
(3) Outdoor play areas shall be surrounded by a fence. The fence shall be so constructed as not to have
openings, holes or gaps larger than four inches in any dimension except for doors and gates; and if a
picket or iron fence is erected or maintained, the horizontal dimension shall not exceed four inches.
The fence shall have at least two exits. An entrance to the building may count as one exit, but one exit
must be away from the building. Such fence shall comply with provisions of the zoning ordinance and
other applicable city codes and ordinances.
(4) Playground equipment constructed with protruding nails, screws, sharp edges, splinters (rough,
unsanded wood or other materials) and toxic paints (e.g., lead -based paints) is strictly prohibited.
(5) All playground equipment shall be securely assembled and, where applicable, securely anchored with
unexposed anchors. Such equipment shall be installed, situated, and maintained so as to prevent
accidents and collisions.
(6) Swimming and wading pools more than 24 inches deep shall be enclosed by a fence no less than six
feet in height which has a self -closing, self-locking gate. When a swimming or wading pool is not in use,
it must be kept out of the reach of children.
(7) A minimum free residual chlorine of 1.0 part per million units of water shall be maintained in every
swimming pool and wading pool when in use. No water in any swimming pool or wading pool when in
use shall be permitted to show an acid reaction to a standard pH test.
(8) All pool chemicals and equipment shall be stored in a place and manner which are at all times
inaccessible to children.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-52. Enforcement.
The building official or his designee shall have the authority and responsibility to enforce the provisions of
this article and applicable state statutes regarding day care centers.
(1) Health services shall have the authority to inspect or visit all day care centers at all reasonable times
and as is determined necessary to ascertain if they are being maintained and operated in conformity
with this article or if any conditions exist at a facility which require correction. An inspection shall be
made at least once each year to ensure that the facilities, grounds, and equipment are maintained in
compliance with this article and in a safe sanitary and healthy condition for the welfare of the
occupants and patrons of the day care center.
(2) Health services shall have the authority to give written notice to the owner of a day care center of any
violation of this article and/or requirement to comply with the provisions of this article. If a day care
center is found to be in operation without a day care permit, health services shall have the authority to
give written notice to the owner of said facility to cease child caring activities immediately, irrespective
of how the facility is maintained or operated. Health services may permit the day care center to remain
(Supp. No. 50)
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Page 24 of 67
in operation with the provision that the facility obtain a day care permit within a reasonable time, but
said reasonable time may not exceed 30 days.
(3) Health services shall have the authority after giving written notice to suspend the day care permit if it
ascertains any violation causing immediate danger to a child regarding: construction of the facility and
on -premises buildings, restrooms, sanitation of the facility, preparation, storage and handling of food,
storage of chemicals or any harmful solution, infectious diseases, and hazards in outdoor play areas.
Suspension of the permit shall require the operator to cease all child -caring immediately and to bring
the day care center into compliance with the directives from the department within a prescribed time
period. Failure to rectify designated problems at the day care center within the prescribed time period
shall lead to revocation of the permit.
(4) Health services shall have the authority to revoke any permit if they ascertain that an owner or
operator has failed or refused to comply with the minimum requirements set forth in this chapter for a
day care center, providing that the following procedure is adhered to:
a. Health services, in writing by certified mail or by personal service, shall notify the owner of the
manner in which the owner or the day care center fails to comply with the provisions of this
chapter, and shall specify a reasonable time by which the owner shall remedy said failure.
b. If the owner fails to comply with the provisions of this chapter within the time specified, health
services shall give notice in writing to the owner of the day care center that the permit issued for
the operation of the day care center is revoked. This action of revocation is in addition to any
criminal enforcement of this article.
C. The notice of revocation or a denial of a permit shall become final after the expiration of ten days
from the date of service upon the owner or operator of the day care center in question, unless on
or before the expiration of ten calendar days the owner or his duly authorized agent shall file
with the office of health services a written letter of appeal briefly stating therein the basis for
such appeal. A hearing shall be held on a date no more than 15 days after receipt of the letter of
appeal unless extended by mutual agreement of the parties.
d. The hearings provided for in this chapter shall be conducted by the city manager or his designee
who will designate the time and place for the hearing. Based upon the recorded evidence of such
hearings, the city manager or his designee shall make a finding and shall sustain, modify or
rescind any notice or order considered in the hearing.
(5) This hearing shall be deemed to exhaust the administrative remedies of the person aggrieved.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-53-12-61. Reserved.
ARTICLE III. PUBLIC SWIMMING POOLS4
4Note(s)—See the editor's note to Art. I of this chapter.
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Page 25 of 67
Sec. 12-62. Purpose.
The purpose of this article is the establishment of minimum standards for the construction, operation and
maintenance of public swimming pools and their related facilities in order to protect the health and safety of the
public.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-63. Designation of health authority.
The city designates the Tarrant County Public Health as its health authority for the purpose of ensuring
minimum standards of environmental health and sanitation within the scope of that department's function.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2004-27, § 8, 4-20-04)
Sec. 12-64. Regulations adopted and amendment standards.
The provisions of the current rules or rules as amended are herein adopted together with the additions, deletions,
and amendments hereinafter contained in Texas Health and Safetv Code, Title 5, Subtitle A, Chapter(s) 341.064,
341.0645 and 341.0695; Texas Health and Safetv Code, Title 1, Chapter 1 Section 1.005, and Texas Health and
Safetv Code, Tile 9, Subtitle A, Chapter 757; and Standards for Public Pools and Spas (Texas Administrative Code,
Title 25, Chapter 265, Subchapter L), Public Interactive Water Features and Fountains (Texas Administrative Code,
Title 25, Chapter 265, Subchapter M) and Pool Yard Enclosures (Texas Health and Safetv Code Chapter 757).
Sec. 12-654. Definitions.
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall
have the meanings hereinafter designated.
Building official: The officer or other designated authority charged with the administration and enforcement
of this code, or the building official's duly authorized representative.
Deck: The surface surrounding a swimming pool that is intended to be used for walking by those using the
...
Extensive remodeling: The replacement of or modification to a swimming pool's structure, its circulation
system or its appurtenances, so that the design, configuration or operation is different from the original design,
configuration or operation. This term does not include the normal maintenance and repair or the replacement of
equipment which has been previously approved if the size, type or operation of the equipment is not substantially
different from the original equipment.
Health services: Tarrant County Public Health.
Pool area: The water surface and deck of a swimming pool.
Private swimming pool: A swimming pool located on the premises of a single-family or duplex residence,
under the control of the owner or tenant, the use of which is limited to members of the household and invited
guests.
Public swimming pool: Any swimming pool other than a private swimming pool. The term shall include the
deck and all related facilities such as dressing and locker rooms, toilets, showers, and other areas designed for use
by the facility's patrons.
(Supp. No. 50)
Created: 2023-01-30 19:36:56 [EST]
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Swimming pool: Any structure, basin, chamber, or tank designed to contain an artificial body of water for
swimming or diving, or therapeutic or recreational bathing. A swimming pool includes, without limitation but by
way of illustration, the following types of facilities:
(1) Hydrotherapy pool or whirlpool: A swimming pool that is a special bathing facility designed for
therapeutic use and which is not drained after each individual use. It may include, without limitation,
units designed for hydrojet circulation.
(2) Spa: A swimming pool that is a special bathing facility designed for recreational use and which is not
drained after each individual use.
(3) Spray pool: A swimming pool into which water is sprayed but is not allowed to pond at the bottom.
(4) Wading pool: A swimming pool with a maximum depth of not more than 30 inches.
(5) Water recreation attraction: A swimming pool facility with design and operational features which differ
from a conventional swimming pool and shall include, without limitation, water slides, water
amusement lagoons and rivers, and wave pools.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2004-27, § 9, 4-20-04)
Sec. 12-66-. Fees.
(a) Health services shall charge fees for public swimming pools in addition to those charged by the building
department.
(b) The fees shall be set forth in a schedule adopted by the city council
(c) The fee schedule shall be available to the public at health services office.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-676. Swimming pool permit required.
A person commits an offense if the person owns, operates, or manages a public swimming pool without a
valid permit issued by health services.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-68-. Issuance of permit.
(a) A person required to have a permit under this article shall annually complete a permit application on a form
prescribed by health services.
(b) Prior to the issuance of a permit, the applicant shall allow health services to inspect the public swimming
pool and pool water for compliance with the requirements of this article.
(1) Health services will inspect any newly constructed pool, any extensively remodeled pool and any pool
under new ownership prior to the issuance of a permit.
(2) Health services may inspect all other pools, at their discretion, prior to the issuance of a permit.
(3) Health services may require the applicant to provide satisfactory evidence that the public swimming
pool meets the permit conditions of section 12-68.
(Supp. No. 50)
Created: 2023-01-30 19:36:56 [EST]
Page 27 of 67
(4) Health services may not issue a permit until the public swimming pool passes any required inspection
and all applicable fees have been paid.
(5) A permit is valid only for the public swimming pool for which it is issued. A separate permit shall be
required for each pool located on the same premises. However, a group of pools sharing a common
filtration system may be operated under a single permit. A permit is not transferable to other persons
or pools.
(6) A permit is valid for one year from the date of its issuance unless:
a. It is suspended or revoked by health services;
b. The pool changes ownership; or
C. The pool is remodeled extensively.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-6 S. Permit conditions.
As a condition of obtaining and keeping a permit, a public swimming pool shall at all times be in compliance
with the following permit conditions:
(1) The public swimming pool shall meet or exceed V.T.C.A., Health and Safety Code § 341.064, "Swimming
Pools and Bathhouses", as currently enacted or as it may hereafter be amended.
(2) The public swimming pool shall meet or exceed all applicable provisions of 25 T.A.C. § 337.71, et seq.,
"Design Standards for Public Swimming Pool Construction", as currently enacted, or as may hereafter
be amended.
(3) Fencing or other enclosures for the public swimming pool shall meet or exceed the requirements of
V.T.C.A., Health and Safety Code Ch. 757, "Pool Yard Enclosures", as currently enacted or as it may
hereafter be amended.
(4) All plumbing, electrical work, mechanical facilities, and structures for the public swimming pool shall
meet or exceed all applicable requirements of all other codes and ordinances including, but not limited
to the building code, electrical code, plumbing code, and the zoning ordinance of the city.
(5) Storage of pool chemicals shall meet or exceed all applicable requirements per manufactures
recommendations on label.
(6) Pool water shall be maintained so as to prevent the breeding or harborage of insects.
(7) Pool water shall be of sufficient clarity to allow sight to the main drain at all times.
(8) Pool water shall not emit odors that are foul and offensive to a person of reasonable sensibilities.
(9) A permit holder or applicant shall give health services access at all reasonable times to inspect the
public swimming pool and to take water samples to determine compliance with this article.
(10) A public swimming pool permit shall be prominently displayed on the pool premises and be available at
all times for inspection by health services.
(11) A trained pool operator shall be readily available to monitor and maintain the public swimming pool
during all hours of operations.
(12) Drainage and/or backwash from swimming pools shall be discharged to the sanitary sewer system only.
(Ord. No. 2002-58, § 2, 8-20-02)
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Created: 2023-01-30 19:36:56 [EST]
Page 28 of 67
Sec. 12-7064. Plans review —New and remodeled pools.
(a) Prior to beginning the construction of a new public swimming pool or the extensive remodeling of an existing
public swimming pool, the owner shall submit plans and specifications for such construction or remodeling
to the bBuilding Services 4Department for review. The plans shall be submitted separately to health services
for review and compliance with these rules.
(b) The plans and specifications shall indicate the proposed layout arrangement, mechanical plans, construction
materials and the type and model number of proposed fixed equipment and facilities.
(e) T s - a,c�ara specif catio." el,:/all , nd-er the seal of a IaFefessienal engineer v.Affith the st-ate....en
that they Fneet the req w iFern ents ef se-e-Affiens 12 68(b), (e), (d), (e), (0) and 4.
(dc) No work shall begin until the building department has reviewed the plans and advised the owner that work
may begin, and the owner or the owner's contractor has obtained all required permits for such work from
the building official or his designee. Work shall commence and conclude within the time allowed by such
permits. Deviations from approved plans shall not be permitted.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-710. Trained pool operators.
(a) The owner or person in control of a public swimming pool shall designate one or more trained pool
operators for the pool. A trained pool operator shall be readily available during all hours of operation to
monitor the public swimming pool and maintain it in a safe and sanitary manner.
(b) In order to be considered trained, a pool operator shall successfully complete a basic eight -hour course in
swimming pool maintenance and safety, a list shall be provided by health services.
(c) A person commits an offense if the person owns or is in control of a public swimming pool which does not
have a trained pool operator readily available during all hours of pool operation.
(d) A person who owns or is in control of a public swimming pool shall maintain proof on the premises that the
pool has a designated trained pool operator and shall present such proof to health services upon demand.
(e) In a prosecution for a violation of subsection (d), failure to present proof of a designated trained pool
operator to health services shall constitute prima facie evidence that a trained pool operator is not readily
available during all hours of operation.
(f) If a trained pool operator is not employed onsite at the public swimming pool, the owner or person in control
of the pool shall post signs at all entrances to the pool stating the telephone number or pager number of the
trained pool operator. The letters in such signs shall be of a minimum height of one inch, and shall be of a
color contrasting to their background. City municipal facilities and Grapevine/Colleyville Independent School
District are exempt from these requirements.
(1) At a minimum, such signs shall state:
"TO REPORT MECHANICAL, SAFETY OR WATER QUALITY PROBLEMS WITH THE POOL, CALL
DURING POOL HOURS."
"FOR FIRE, POLICE, OR AMBULANCE IN AN EMERGENCY, DIAL 911."
(2) Such signs shall be of weather -resistant construction, and shall be posted where they are readily visible
to a reasonably observant person.
(Supp. No. 50)
Created: 2023-01-30 19:36:56 [EST]
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(g) A person commits an offense if the person owns or is in control of a public swimming pool with no trained
pool operator employed on -site and with criminal negligence fails to post or maintain signs required by
subsection (f).
(h) A swimming pool permit application shall name the designated trained pool operator for the public
swimming pool for which a permit is sought. If the designated trained pool operator changes during the term
of the permit, the owner or person in control of the pool shall immediately report such change to health
services.
(i) A person commits an offense if the person owns or is in control of a public swimming pool and knowingly
fails to report a change of trained pool operator as required by subsection (h).
(j) A person who is a designated trained pool operator of a public swimming pool commits an offense if the
person fails to test the pH level and the chlorine or disinfectant level in the pool a minimum of twice per day.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-72-1. Maintenance of pool records.
(a) A designated trained pool operator shall maintain records of all pH level and chlorine or disinfectant level
tests performed on a public swimming pool during the permit term.
(b) The records shall state the results of such tests, the time and date the tests were made, and the level of pool
usage at the time.
(c) Such records shall be maintained on -site at the public swimming pool for no less than two years, and shall be
made available immediately upon the request of health services. Such records for city municipal facilities and
Grapevine/Colleyville Independent School District shall be kept at a designated centrally located facility.
(d) A person commits an offense if the person owns, is in control of, or is a trained pool operator of a public
swimming pool and with criminal negligence fails to maintain records as required by this section.
(e) A person commits an offense if the person owns, is in control of, or is a trained pool operator of a public
swimming pool and fails to make records required by this section available immediately upon the request of
health services.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-732-. Nuisance.
(a) A public or private swimming pool is hereby declared to be a nuisance if:
(1) Water at the public swimming pool is not maintained so as to prevent the breeding or harborage of
insects; or
(2) Water at the public swimming pool emits an odor that is foul and offensive to a person of reasonable
sensibilities.
(3) Clarity of the water as degraded to a point that the main drain is not visible in normal lighting
conditions.
(b) Health services may give notice to the owner of the property on which a nuisance under this section is
located to abate, remove or otherwise remedy such nuisance immediately.
(c) The notice must be given:
(1) Personally to the owner in writing;
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(2) By letter addressed to the owner at the owner's post office address and sent by certified mail, return
receipt requested; or
(3) If personal service cannot be obtained or the owner's post office address is unknown:
By publication in the official newspaper of the city at least twice within ten consecutive days;
b. By posting the notice on or near the front door of each building on the property to which the
violation relates; or
C. By posting the notice on a placard attached to a stake driven into the ground on the property to
which the violation relates, if the property contains no buildings.
(d) If the public swimming pool has a valid or suspended permit issued pursuant to this article and the permit
holder is not the same person as the owner of the property, notice shall also be given to the permit holder.
(e) If the property owner does not comply with the notice within ten days of service, the building official or his
designee may enter the property containing the nuisance and do any work necessary to abate the nuisance.
(f) If immediate abatement of the nuisance is deemed necessary by the building official or his designee to
protect the public health, safety or welfare from an imminent hazard, the building official or his designee
may, without complying with the notice provisions of this section, enter the property containing the
nuisance and do or cause to be done any work necessary to abate the nuisance.
(g) All costs incurred by the city to abate a nuisance, including the cost of giving notice as required, shall initially
be paid by the city and charged to the owner of the property. The city may assess the expenses or obtain a
lien against the real estate on which the work was done.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-74-3. Grounds for permit denial.
(a) The building official or his designee may deny the issuance of a swimming pool permit:
(1) If the applicant has been convicted of one or more violations of this article or V.T.C.A., Health and
Safety Code § 341.064, within the 12 months preceding the date of the application;
(2) If any of the permit conditions of section 12-68 are not met;
(3) If a swimming pool permit held by the applicant for the same premises is under suspension at the time
of the application or was revoked within the 12 months preceding the date of the application; or
(4) If the applicant makes a materially false statement on the application or there is any false statement or
misrepresentation as to a material fact in any plans and specifications submitted pursuant to this
article.
(b) An applicant whose permit is denied will be notified by the building official or his designee within ten days of
the date of the denial. The building official or his designee shall set out the grounds for the denial.
(c) An applicant whose permit is denied may request an appeals hearing within ten days after the notice of
denial. Such request shall be in writing, shall specify the reasons why the permit should not be denied, and
shall be filed with the city manager or his designee.
(Ord. No. 2002-58, § 2, 8-20-02)
(Supp. No. 50)
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Page 31 of 67
Sec. 12-7_4. Grounds for suspension or revocation of permit.
After notice and hearing, the building official or his designee may suspend for up to 180 days or may revoke a
public swimming pool permit if:
(1) The permit holder or person in control of the public swimming pool is convicted of a violation of this
article or V.T.C.A., Health and Safety Code § 341.064 during the term of the permit;
(2) The permit holder or person in control of the pool fails to comply with any of the permit conditions set
forth in section 12-68;
(3) The permit holder or person in control of the pool fails to comply with an inspection report order;
(4) The permit holder or person in control of the pool disobeys a closure order issued by the building
official or his designee pursuant to this article; or
(5) The permit holder made a materially false statement on the permit application or there is any false
statement or misrepresentation as to a material fact in any plans and specifications submitted
pursuant to this article.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-76-. Right of entry.
(a) The building official or his designee may enter the premises of public swimming pools at all reasonable times
whenever it is necessary to make an inspection to enforce any of the provisions of this article, to collect
water samples, or whenever health services has probable cause to believe that a violation of this article
exists on such premises.
(b) Health services shall first present appropriate credentials and demand entry if the premises are occupied. If
the premises are unoccupied, health services shall first make a reasonable attempt to locate the owner or
person in control of the premises and demand entry.
(c) If entry is denied or if a person in control cannot be located, health services shall have every recourse
provided by law to secure entry. Such recourse shall include the right to obtain a search warrant under the
provisions of Vernon's Ann. C.C.P. Art. 18.05.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-776. Inspection reports.
(a) After inspecting a public swimming pool pursuant to this article, health services may prepare a written
inspection report. Such report shall specify the violations observed during the inspection and order the
owner or person in control to bring the facility into compliance with this article by a specified time.
(b) Health services shall furnish a copy of the inspection report to the owner or person in control of the facility.
(c) The inspection report shall state: "FAILURE TO COMPLY WITH THE ORDERS OF THIS REPORT MAY RESULT IN
THE ISSUANCE OF CRIMINAL CITATIONS, THE CLOSURE OF THE POOL FACILTY, THE SUSPENSION OR
REVOCATION OF YOUR SWIMMING POOL PERMIT, AND THE EXERCISE OF ALL OTHER REMEDIES ALLOWED BY
LAW."
(d) A person commits an offense if the person owns or is in control of a public swimming pool and fails to
comply with an order issued pursuant to this section.
(Supp. No. 50)
Created: 2023-01-30 19:36:56 [EST]
Page 32 of 67
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-78-. Closure order.
(a) Health services may order a public swimming pool closed if it determines:
(1) That it is being operated without a valid public swimming pool permit;
(2) That it is being operated without a trained pool operator readily available during all hours of pool
operation; or
(3) That the continued operation of the pool will constitute an imminent hazard to the health or safety of
persons using the facility, or those in close proximity to the facility.
(b) After health services closes a public swimming pool, the owner or person in control of the pool shall
immediately:
(1) Properly post and maintain signs at all entrances to the public swimming pool that state: "POOL
CLOSED"; and
(2) Lock all doorways and gates that form a part of the public swimming pool enclosure.
(c) Signs required by subsection (b) shall be provided by health services. Signs shall be positioned so that they
are readily visible to a reasonably observant person.
(d) If the owner or person in control of the public swimming pool is absent, or fails or refuses to comply with
subsections (b) and (c), health services may post signs and secure the premises in accordance with this
section.
(e) A person commits an offense if the person owns or is in control of a public swimming pool subject to a
closure order and fails to comply with subsections (b) or (c) of this section.
(f) A person other than health services commits an offense if the person removes, defaces, alters, covers or
renders unreadable a closure sign.
(g) A person commits an offense if the person uses for swimming, diving or bathing a public swimming pool that
has been closed by health services and which is properly posted as required by this section.
(h) A person commits an offense if the person owns or is in control of a public swimming pool subject to a
closure order and knowingly allows persons to use the pool for swimming, diving, or bathing.
(i) A public swimming pool closed by health services shall not resume operation until a re -inspection by health
services determines that the facility has been brought into compliance with this article and other applicable
laws and regulations.
(j) A permit holder may appeal a closure order to health services within three days after the issuance of the
order. The appeal shall be in writing, shall set forth the reasons why the closure order should be rescinded,
and shall be filed with the city manager's office. The filing of an appeal does not stay the closure order.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-7_9. Hearings procedures.
(a) The hearings provided for in this chapter shall be conducted by the city manager or his designee who will
designate the time and place for the hearing. Based upon the recorded evidence of such hearings: the city
manager or his designee shall make a finding and shall sustain, modify or rescind any notice or order
considered in the hearing.
(Supp. No. 50)
Created: 2023-01-30 19:36:56 [EST]
Page 33 of 67
(b) Decisions shall be made based on a preponderance of the evidence, with the city having the burden of proof.
(c) This hearing shall be deemed to exhaust the administrative remedies of the person aggrieved.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-79-12-82. Reserved.
ARTICLE IV. FEES'
Sec. 12-83. Food and food services establishments; pools and spas.
The fee schedule is adopted pursuant to the interlocal agreement with the Tarrant Countv Public Health
Department and citv council. The fee schedule shall be available to the public at the health services office.
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'Editor's note(s)—Ord. No. 2004-27, § 10, adopted April 20, 2004, amended Art. IV of Ch. 12 in its entirety to read
as herein set out. Prior to amendment, Art. IV, §§ 12-83-12-85, pertained to fees for food and food services
establishments, retail food stores, and day care and public pools, respectively, and derived from Ord. No.
2002-58, § 2, adopted Aug. 20, 2002.
(Supp. No. 50)
Created: 2023-01-30 19:36:56 [EST]
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(Ord. No. 2004-27, § 10, 4-20-04)
Secs. 12-84, 12-85. Reserved.
ARTICLE V. MISCELLANEOUS6
Sec. 12-86. Private water supplies; prohibited when city water available.
It shall be unlawful for any person to supply water to the residences, businesses, or industries within the city
by the use of a water well or any other method when the city water supply is available.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-87. Noise —Character, intensity and duration detrimental to health or life.
It shall be unlawful for any person to make or cause to be made noise of such character, intensity and
duration as to be detrimental to the life or health of any individual in the city.
(Ord. No. 2002-58, § 2, 8-20-02)
'Note(s)—See the editor's note to Art. I of this chapter.
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Sec. 12-88. Same —Unreasonably loud, disturbing and unnecessary.
It shall be unlawful for any person to make or cause to be made any unreasonable loud, disturbing and
unnecessary noise in the city which is offensive to the ordinary sensibilities of the inhabitants of the city, which
noise renders the enjoyment of life or property uncomfortable or interferes with public peace and comfort.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-89. Same —Enumeration.
The following acts, among others, are declared to create loud, disturbing and unnecessary noises and shall
be deemed a violation of this Code, but such enumeration shall not be deemed to be exclusive:
(1) The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while
not in motion, except as a danger signal, as may be required by state law, if another vehicle is
approaching apparently out of control or if another vehicle is backing, starting or turning in such a way
as likely to cause a collision.
(2) The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while in
motion, except as a danger signal, as required by state law.
(3) The playing of any radio, phonograph, television set, or musical instrument in such a manner, or with
such volume as to disturb the peace, quiet, comfort or repose of persons in any dwelling, apartment,
hotel or other type of residence.
(4) The keeping of any animal or fowl which emits or makes an unreasonably loud, disturbing and
unnecessary noise.
(5) The use of any automobile, motorcycle, bus or vehicle so out of repair or so loaded as to emit or create
loud or unnecessary grating, grinding or rattling noise.
(6) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to
begin or stop work or as a warning of danger.
(7) The discharge into the open air of the exhaust from any stationary steam engine, stationary internal
combustion engine or motor boat engine, except through a muffler or other device which effectively
and efficiently prevents loud or unusual noises, annoying smoke and the escape of gas or steam.
(8) The discharge into the open air of the exhaust from any motor vehicle except through a muffler, or
other device, which effectively and efficiently prevents loud and unusual noises and annoying smoke.
(9) The erection, including excavation, demolition, alteration, repair or related work for any building or
structure in a residential district or non-residential district, abutting a residential district, excluding any
inside work done in an enclosed building or structure in nonresidential districts, other than between
the hours of 7:00 a.m. and 7:00 p.m., on Monday through Saturday, except in the case of urgent
necessity in the interest of public safety, for which a permit shall be obtained from the building official
or his designee.
(10) The creation of any unreasonably loud, disturbing and unnecessary noise on any street adjacent to any
school or court which is in session or adjacent to any hospital; provided, that conspicuous signs are
located in such streets indicating that schools, hospitals and courts are adjacent thereto.
(11) The creation of unreasonably loud, disturbing and unnecessary noises in connection with the loading or
unloading of any vehicle, the opening and destruction of bales, boxes, crates and containers or the
sounding of any bell or gong attached to any building located on any premises which disturbs the quiet
(Supp. No. 50)
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or repose or persons occupying adjoining property or those occupying property across any street, alley
or other public way, and within a 200 foot radius.
(12) The shouting and crying of peddlers, hawkers and vendors which disturbs the quiet and peace of the
neighborhood.
(13) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention
by the creation of noise to any performance, show, sale or display of merchandise or to attract
customers to any place of business.
(14) The use of mechanical loudspeakers or amplifiers on trucks or other moving vehicles for the purpose of
advertising any shows, sale or display of merchandise.
(15) Within any property zoned and developed pursuant to Section 23 L-B - Limited Business District and
Section 24 C-N - Neighborhood Commercial District of the city's Basic Zoning Ordinance No. 82-73,
which property is contiguous to property developed and improved with single-family detached
dwellings, it shall be unlawful to deliver, unload, deposit or allow and permit to be delivered, unloaded
or deposited any commercial goods, wares, products, food products or any other commodities to be
used for commercial purposes between the hours of 10:00 p.m. and 7:00 a.m. the next day, provided,
however, it shall be an affirmative defense to a complaint filed under this subsection that a dire
emergency exists that would require the delivery, unloading or depositing of commercial products in
order to preserve and protect the public health, safety, morals and general welfare of the citizens of
the city. The party charged with an offense under this subsection has the burden of proof relative to
this affirmative defense.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-90. Same —Exception as to certain vehicles.
It shall be unlawful for any vehicle to be equipped with and for any person to use upon a vehicle any bell,
siren, or compression or exhaust whistle, except that vehicles operated in the performance of duty by law
enforcement officers, the fire department and ambulances may attach and use a bell, siren, or compression or
exhaust whistle.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-91. Same —Refusal to cease.
A person shall be deemed to have willfully and knowingly violated one or more of the terms of sections 12-
87 through 12-90, if such person shall have been notified by the neighbors or the chief of police or any police
officer of such disturbance and shall have refused for a period of 24 hours to correct such disturbance and prevent
its recurrence.
(Ord. No. 2002-58, § 2, 8-20-02)
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PART II - CODE OF ORDINANCES
Chapter 12 - HEALTH AND SANITATION
ARTICLE VI. NUISANCES
ARTICLE VI. NUISANCES'
DIVISION 1. GENERALLY
Sec. 12-92. General definition.
Whatever is dangerous to human life or health; whatever renders the ground, the water, the air, or any food
or drink unwholesome or a hazard to human life and health is hereby declared a nuisance.
(Ord. No. 15, § 1, 4-14-39; Ord. No. 2002-58, § 2[A], 8-20-02)
State law reference(s)—Health nuisances, V.T.C.A., Health and Safety Code § 341.011 et seq.
Sec. 12-93. Specific nuisances.
The following are declared to be nuisances and shall be abated, and any persons guilty of performing any of
the acts herein set out, or of causing any such nuisances, or of permitting or suffering any of them to remain upon
his premises or in any building occupied by or controlled by him or on any public thoroughfare immediately
adjacent to such premises shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be
punished by a fine in a sum not to exceed $2,000.00 for each offense relating to fire safety, zoning or public health
and sanitation, including dumping of refuse, nor to exceed $500.00 for each offense for all other violations, and a
separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
These fines shall be in addition to and cumulative of the provisions for the abatement of the nuisance by correcting
such insufficient maintenance or dangerous condition to persons or property, as well as all other costs provided for
by this article.
(1) Any building, structure, or basement, or any part thereof used to house people or in which people
work, which is overcrowded, or has inadequate means of ingress and egress, or is insufficiently
supported, ventilated, drained, cleaned, lighted, or which is within the required distance of, and not
connected with, the city's sewer system.
(2) Any building, swimming pool, sign or any other structure for which a permit is required by ordinance
which is erected, moved, expanded or in any other way altered without first obtaining a permit.
(3) Any building, swimming pool, sign or any other structure for which a permit is required by ordinance,
said permit having been allowed by the permit applicant and/or property owner to expire for a period
of more than 30 days.
(4) All cellars, vaults, drains, pools, sewers, privies, yards, grounds, or premises which have for any cause
become foul, nauseous or offensive or injurious to the health, or unpleasant to persons in adjacent
residences, or to persons passing such premises.
'Editor's note(s)—Ord. No. 2002-58, § 2[A], adopted Aug. 20, 2002, in part renumbered former Art. II of this
chapter as Art. VI.
Charter ref erence(s)—Authority as to nuisances, §§ 2.07(o), 12.24.
Grapevine, Texas, Code of Ordinances
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(5) All markets, laundries, stores or other buildings or places which are not preserved clean and free from
filthy and unwholesome substances and odors.
(6) Every trade, business or occupation injurious to the health or comfort of persons who reside in the
vicinity where such trade, business or occupation is carried on.
(7) All lots or receptacles containing water allowed to become stagnant or offensive or unwholesome from
any cause.
(8) All deposits or substances that are offensive or liable to endanger disease; any nauseous, foul or putrid
liquids or substances likely to become nauseous, foul, offensive or putrid discharged, placed, thrown or
conducted into or upon any public thoroughfare; all carcasses, all decaying flesh, fish, fowl, fruit, or
vegetation, all deposits of manure, all flesh of any kind or description whatsoever when thrown upon
or conducted into or upon any public thoroughfare or enclosure in such manner as to render such
substances unwholesome and offensive or liable to become unwholesome or offensive.
(9) All filthy or offensive water or slops in any private yard or premises when permitted to become
offensive to the public.
(10) Any unwholesome food, liquor or adulterated medicine.
(11) All cattle, horses or hog pens, stables or enclosed areas in which any cattle, horses or hogs may be
confined which may, from use become offensive.
(12) Any granaries, barns, elevators or other premises where rats and vermin breed or are harbored.
(13) Any article or substance placed upon any public thoroughfare, except such articles as are permitted by
ordinance of this city, in such manner as to obstruct the free passage upon such thoroughfare.
(14) The act of depositing any filth, or any foul, offensive, nauseous or injurious substance upon any public
thoroughfare or other public place.
(15) The act of sweeping or depositing any trash, paper, or rubbish into any public thoroughfare or other
public place and allowing the same to remain in such place longer than six hours.
(16) The act of burning any hair, leather, rags, or any other substances of any kind which may cause or
produce an offensive smell, smoke or odor capable of annoying persons living in the vicinity of such
fire, or persons passing along the public thoroughfare.
(17) The act of defecation or urinating upon any public thoroughfare, or at any place which may be seen
from a private residence, or by persons passing along the public thoroughfare.
(18) The act of keeping, raising, possessing, or having in or about the premises, except within enclosures,
any pigeons with the intent to keep, raise or breed same.
(19) The act of allowing any weeds, filth or rubbish of any kind to remain on any sidewalk in front of or at
the side of any premises owned by such persons, or in the street to the middle thereof; or in front of or
at the side of any premises owned or controlled by such person; or upon any alley to the middle
thereof that may be at the rear or side of any lots owned or controlled by such person.
(20) The act of expectorating mucous, or saliva, or saliva mixed with tobacco, or secretions from the nose or
air passages, or the remains of any chewed or partly chewed tobacco or snuff, or the remnant of any
partially chewed or smoked cigar, upon any sidewalk, upon the floor of any public building, or in any
public vehicle.
(21) The act of hauling, carrying or transporting any meat of slaughtered animals or fish through the streets
of the city without having the same entirely covered, screened and protected from dust and from the
public view.
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(22) The act of scattering or distributing any advertisements, circulars, handbills, printed or written
announcements, or paper of like character, upon the public thoroughfares or within public buildings or
grounds within the city.
Cross reference(s)—Distribution of handbills, § 12-21.1.
(23) The act of the owners or possessors of any animal which may die within the city to fail to have the
carcass of same removed and lawfully disposed of within 18 hours after death of said animal.
(24) The act of throwing from any opening in, or carrying from any dwelling or place of abode, any night
soil, feces, or urine.
(25) The act of conducting, or causing to be conducted into any alley or gutter, waste water from any sink,
tank, or other source of water supply in such manner as to produce any pool of stagnant water in said
alley or gutter.
(26) The act of dumping upon and removing from any public thoroughfare any coal or like material in a dry
state, in such manner that annoying or offensive dust is generated from such materials; the act of
leaving any coal dust or like materials upon such thoroughfares at or near the place where such coal or
material was deposited or from which it was removed.
(27) The act of throwing any discarded glassware, tinware, queensware, crockery, or other rubbish upon
the public thoroughfares.
(28) The constructing or keeping on the premises of any privy.
(29) The act of throwing or depositing any filth, substance or thing into any private well or cistern.
(30) The act of erecting or maintaining a building or structure the roof or eaves of which project beyond the
property line or shed water upon any property other than that belonging to the owner of such
structure or building.
(31) Any other act or thing done or suffered within the city which may interfere with the enjoyment of life
by any member of the community, or by any person, who may thereby be deprived of his right to be
free from foul, noxious or offensive or unpleasant odors or vapors, and to breathe fresh air and to be
free from the sight of foul or offensive objects and substances.
(Ord. No. 15, §§ 3, 4, 4-14-39; Ord. No. 83-71, § 3A, 11-1-83; Ord. No. 85-46, § 2(D), 9-17-85; Ord. No. 87-85, § 5,
12-15-87; Ord. No. 2000-50, § 2, 5-2-00; Ord. No. 2002-58, § 2[A], 8-20-02)
Cross reference(s)—Impounding of articles left on streets, § 23-90 et seq.
Sec. 12-93.1. Distribution of handbills; prohibition; exemption; enforcement.
(a) Depositing handbills on uninhabited or vacant premises. No person shall throw or deposit any commercial or
noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited
or vacant.
(b) Prohibition of distribution of handbills to inhabited posted premises.
(1) No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon
private premises which are inhabited and posted with a sign clearly visible from the front property line
or 30 feet from the sign in the front yard, whichever is the least distance, which sign shall state "No
Handbills —Prohibited by Grapevine Ordinance No. 94-10." This provision does not prohibit the
handling or transmitting of any such handbill directly to the owner, occupant or other person then
present in or upon such premises.
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(2) Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of
mail by the United States, nor to newspapers except, that newspapers shall be placed on private
property in such manner as to prevent their being carried or deposited by the elements upon any
street, sidewalk or other public place or upon private property.
(c) Enforcement. This section shall be enforced by citizens of the city filing complaints in municipal court.
(Ord. No. 94-10, § 1, 2-1-94; Ord. No. 2002-58, § 2[A], 8-20-02)
Sec. 12-94. Parking of inoperative vehicles; maximum time.
It shall be unlawful for a person, driver or owner, to stand, park or allow to stand an automobile, truck or any
other motor vehicle or any trailer on any public property for a period in excess of 48 hours when such vehicle or
trailer is without one or more wheels or is apparently inoperative for any reason. For this purpose, any vehicle
without license or inspection for current registration or inspection year may be deemed inoperative.
Motor vehicles or trailers found to be situated so as to violate this section are hereby declared nuisances and
shall be towed into the city pound and such shall not be allowed to be reclaimed except upon proof of ownership
and payment of the towing fee and costs of storage.
(Ord. No. 64-21, § 1-A, 12-15-64; Ord. No. 66-2, 2-22-66; Ord. No. 2002-58, § 2[A], 8-20-02)
Cross reference(s)—Impoundment of junked vehicles, § 12-50 et seq.; impoundment of property left on streets, §
23-90 et seq.
Sec. 12-95. Placing refuse, etc., on public property.
It shall be unlawful for any person to throw, leave, place, deposit, or allow to spill, or suffer or permit his
agent or employee to throw, leave, place, deposit, or allow to spill, any refuse, putrid or unsound meats, fish,
hides, offal or filth of any kind, decayed vegetables or other unwholesome substance, or manure, in any street,
alley, or other public place.
(Ord. No. 60-15, § 1, 11-14-60; Ord. No. 2002-58, § 2[A], 8-20-02)
Cross reference(s)—Depositing filth, etc., § 12-21(6), (12); spillage from vehicle, § 23-8.
Sec. 12-96. Abatement by city —Procedure.
In the event the owner of such property, or the person responsible for such nuisances, shall fail or refuse to
comply with the provisions of this division within ten days after notice to do so, the city may abate such nuisance,
or cause the same to be done, and make payment therefor.
The expenses incurred in so doing or having such work done, or such improvement made, shall be
chargeable to the owner of such property and the person responsible for such nuisance, and such charge shall be a
personal liability of such owner or person, and a lien upon the property, to the city. Said notice may be in writing,
served upon such owner or person in person by an officer or employee of the city, or it may be by letter addressed
to such owner or person at his post office address; or, if personal service may not be had as aforesaid, or if the
owner's address is unknown, notice may be given by publishing a brief summary of said order as many as two
times within ten consecutive days in some newspaper of general circulation in the city, addressed "Sanitary
Improvements," "To Whom It May Concern," and such publication shall be deemed sufficient notice.
(Ord. No. 15, § 5, 4-14-39; Ord. No. 2002-58, § 2[A], 8-20-02)
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Cross reference(s)—See also §§ 12-39, 12-40.
Sec. 12-97. Same —Removal of substances when responsible person cannot be found.
Whenever any carcass of any dead animal or other offensive substance injurious to the health of the public
or persons in its vicinity, is found in any place within this city for the removal or abatement of which no person can
be held liable, it shall be the duty of the city manager or his designee to remove or abate the same at the expense
of the city.
(Ord. No. 15, § 8, 4-14-39; Ord. No. 2002-58, § 2[A], 8-20-02)
Sec. 12-98. Violations —Penalty prescribed.
Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a
misdemeanor and upon conviction thereof, shall be subject to a fine in a sum not to exceed $2,000.00 for each
offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed
$500.00 for each offense for all other violations and a separate offense shall be deemed committed upon each day
during or on which a violation occurs. These fines shall be in addition to and cumulative of the provisions for the
abatement of the nuisance by correcting such insufficient maintenance or dangerous condition to persons or
property, as well as all other costs provided for by this article.
(Ord. No. 72-6, § 8, 2-15-72; Ord. No. 83-71, § 3, 11-1-83; Ord. No. 85-46, § 2(E), 9-17-85; Ord. No. 87-85, § 6, 12-
15-87; Ord. No. 2002-58, § 2[A], 8-20-02)
Sec. 12-99. Same —Abatement by the court; ordering performance by defendant.
In the trial of cases arising under this article whenever it shall appear to the court that the nuisance
continues at the time of the conviction the court shall order and adjudge, removal or abatement or destruction of
the same, as the case may require, and shall issue a separate warrant therefor. The court shall inquire into the
probable cost of such removal, abatement or destruction, and tax the cost against the defendant, with the
provision that the same may be remitted if the defendant remove, abate, or destroy such nuisances without the
interference of the city.
(Ord. No. 15, § 6, 4-14-39; Ord. No. 2002-58, § 2[A], 8-20-02)
Sec. 12-100. Same —Ordering removal of street obstructions.
Upon the conviction of a defendant for obstructing the free use of any public thoroughfare within the city, if
such obstruction shall still exist, the court shall order the chief of police to remove the same at the cost of the
defendant.
(Ord. No. 15, § 7, 4-15-39; Ord. No. 2002-58, § 2[A], 8-20-02)
Cross reference(s)—Obstruction of streets with articles, §§ 20-22, 20-23.
Secs. 12-101-12-106. Reserved.
(Supp. No. 50)
DIVISION 2. CLEANLINESS AND SANITATION OF PREMISES
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Sec. 12-107. Holes where water may stagnate on private property.
It shall be unlawful for any person who shall own or occupy any lot in the city to permit or allow holes or
places on said lot where water may accumulate and become stagnant, or to permit same to remain.
(Ord. No. 72-6, § 1, 2-15-72; Ord. No. 2002-58, § 2[A], 8-20-02)
Sec. 12-108. Accumulation of stagnant water on private property.
It shall be unlawful for any person who shall own or occupy any lot in the city to permit or allow the
accumulation of stagnant water thereon, or to permit same to remain.
(Ord. No. 72-6, § 2, 2-15-72; Ord. No. 2002-58, § 2[A], 8-20-02)
State law reference(s)—Accumulations constituting nuisance, V.T.C.A., Health and Safety Code § 341.011 et seq.
Sec. 12-109. Unlawful accumulations —Of carrion, filth, etc., on private property.
It shall be unlawful for any person who shall own or occupy any house, buildings, establishment, lot or yard
in the city to permit or allow any carrion, filth or other impure or unwholesome matter to accumulate or remain
thereon.
(Ord. No. 72-6, § 3, 2-15-72; Ord. No. 2002-58, § 2[A], 8-20-02)
Sec. 12-110. Same —Abatement.
Should any owner of such lot that has places thereon where stagnant water may accumulate and/or which
are not properly drained, or the owner of any premises or building upon which carrion, filth or other impure or
unwholesome matter may be, fail and/or refuse to drain and/or fill the lot, or remove such filth, carrion or other
impure or unwholesome matter, as the case may be, within ten days after notice to said owner to do so, in writing,
or by letter addressed to such owner at his post office address or within ten days after notice by publication as
many as two times within ten consecutive days in any newspaper in the county, wherein the property is situated, if
personal service may not be had as aforesaid, or if the owner's address be not known; then in that event, the city
may do such filling or draining, or removal of filth, carrion, etc., or any other unsightly, objectionable or unsanitary
matter, or cause the same to be done and may pay therefor and charge the expenses incurred in doing such work
or having such work done or improvements made to the owner of such lot or real estate, and if such work is done
or improvements made at the expense of the city, then such expense shall be assessed on the real estate, or lots,
upon which such expense was incurred.
(Ord. No. 72-6, § 5, 2-15-72; Ord. No. 82-27, § 1, 5-4-82; Ord. No. 2002-58, § 2[A], 8-20-02)
Sec. 12-111. Same —Weeds, trash, brush and other unsightly matter.
(a) It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent,
occupant, or anyone having supervision or control of any lot, tract, parcel of land or portion thereof,
occupied or unoccupied, improved or unimproved, within the corporate limits of the city, to suffer or permit
grass, weeds or any plant that is not cultivated to grow to a greater height than 12 inches on an average
upon said premises. It shall be unlawful for any person, firm, corporation, partnership, association of
persons, owner, agent, occupant, or anyone having supervision or control of any lot, tract, parcel of land or
portion thereof, occupied or unoccupied, located within any residentially zoned district within the corporate
(Supp. No. 50)
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limits of the city, which has been developed, and all properties contiguous to and/or within 100 feet of such
developed properties within the corporate limits of the city, to suffer or permit grass, weeds, or any plant
that is not cultivated to grow to a greater height than six inches on an average upon said premises.
With respect to lots, tracts or parcels of land of two or more acres under single ownership, the provisions of this
section shall be applicable to only the area within 100 feet from any adjacent property under different ownership
and any street right-of-way.
It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant,
or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied,
improved or unimproved, within the corporate limits of the city, to suffer or permit grass and weeds to grow in,
along, upon or across the sidewalk, or in the area between the property line and the curb line, to a height greater
than 12 inches on an average. It shall be unlawful for any person, firm, corporation, partnership, association of
person, owner, agent, occupant, or anyone having supervision or control of any lot, tract, parcel of land or portion
thereof, occupied or unoccupied, located within any residentially zoned district within the corporate limits of the
city, which has been developed, and all properties contiguous to and/or within 100 feet of such developed
properties within the corporate limits of the city, to suffer or permit grass or weeds, to grow in, along, upon or
across the sidewalk, or in the area between the property line and the curb line, to a height greater then six inches
on an average.
For the purpose of this section, the term "developed" shall mean any property on which a principal structure has
been erected.
(b) It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent,
occupant, or anyone having supervision or control of any lot, tract, parcel of land or portion thereof,
occupied or unoccupied, improved or unimproved, within the corporate limits of the city, to suffer or permit
any dead tree, rubbish, brush, and all other reasonably objectionable, unsightly or unsanitary matter of
whatever nature to accumulate or be present upon any such lot, tract or parcel of land.
(c) It shall be the duty of any person, firm, corporation, partnership, association of persons, owner, agent,
occupant, or anyone having supervision or control of any lot, tract, parcel of land or portion thereof,
occupied or unoccupied, improved or unimproved, within the corporate limits of the city, to cut, or cause to
be cut, and remove, or cause to be removed, if necessary, to comply with this section, all such grass, weeds,
plants, rubbish, brush, and any and all other objectionable, unsightly or unsanitary matter of whatever
nature as often as may be necessary to comply with the provisions of this section.
(d) Notice to comply; cost of abatement by city:
(1) In the event that the owner of any lot, tract, parcel of land or a portion thereof situated within the
corporate limits of the city shall fail to comply with this section, then the city's building official, or his
designee, shall notify such owner by letter addressed to him at the address shown on the last approved
tax rolls of the city, or at any residence or business structure located on subject property or at the last
known address. The mailing of notice in accordance with any of the above shall satisfy this provision. In
the alternative, the city may notify the said owner by publication in the city's official newspaper on one
occasion. At the expiration of ten days after notification or publication, the city may enter upon such
premises and may do such work as necessary, or cause the same to be done, in order that the premises
may comply with the requirements set forth herein. A statement of the cost incurred by the city to
abate such condition shall be mailed to the owner of said premises, which statement shall be paid
within 30 days of the date of the mailing thereof. In the event that said statement has not been paid
within such period, the city manager may file a statement with the Tarrant County clerk of the
expenses incurred to abate such condition on said premises, and the city shall have a privileged lien on
any lot, tract or parcel of land upon which such expense is incurred, together with ten percent on the
delinquent amount from the date such payment is due. For any such expenditure and interest, as
aforesaid, suit may be instituted and recovery and foreclosure had in the name of the city and the
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statement so made, as aforesaid, or a copy thereof shall be prima facie proof of the amount expended
in any such work performed by the city.
(2) The building official, or his designee, may give the notice provided for herein, once annually, prior to
the grass -growing season, stating in such notice that property owners shall maintain grass and weeds
on the property owned by them at a height in accordance with paragraph (a) above at all times, and
that in the event such owners fail to do so, the city shall enter upon the property and mow same at
such intervals necessary during such annual growing season, in the event such owner fails to comply
with this section, and that thereafter the cost of such mowing shall be charged against the owner and
the property as herein provided. The giving of such annual notice shall be deemed to be in compliance
with the terms of this section.
(Ord. No. 72-6, § 6, 2-15-72; Ord. No. 82-27, §§ 1, 2, 5-4-82; Ord. No. 87-91, § 1, 12-15-87; Ord. No. 2000-65, § 1, 2,
7-18-00; Ord. No. 2002-58, § 2[A], 8-20-02; Ord. No. 2011-37, § 2, 8-16-11)
Sec. 12-112. Same —Collection of expense.
The city manager or city health officer shall file a statement of such expenses incurred under section 12-110,
or section 12-111 as the case may be, giving the amount of such expenses, the date on which said work was done
or improvements made, with the county clerk; and the city shall have a privileged lien on such lots or real estate
upon which said work was done or improvements made to secure the expenditures so made, in accordance with
the provisions of V.T.C.A., Health and Safety Code § 342.001 et seq., which lien shall be second only to tax liens and
liens for street improvements; and said amount shall bear ten percent interest from the date said statement was
filed. Further, for any such expenditures, and interest, as aforesaid, suit may be instituted and recovery and
foreclosure of said lien may be had in the name of the city; and the statement of expenses so made, as aforesaid,
or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements.
(Ord. No. 72-6, § 7, 2-15-72; Ord. No. 82-27, § 1, 5-4-82; Ord. No. 2002-58, § 3, 8-20-02)
Cross reference(s)—Leaving vehicles on public property, § 12-22; abatement, §§ 12-24 et seq.; impoundment, §
23-91.
Secs. 12-113-12-121. Reserved.
DIVISION 3. JUNKED AND ABANDONED VEHICLES8
Sec. 12-122. Definitions.
For purposes of this division, the following definitions apply:
Abandoned motor vehicle means a motor vehicle that is inoperable and more than eight years old and left
unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public
property for a period of more than 48 hours, or a motor vehicle that has remained on private property without the
consent of the owner or person in control of the property for more than 48 hours, or a motor vehicle left
unattended on the right-of-way of a designated county, state or federal highway within the city for more than 48
hours.
'State law reference(s)—Abandoned motor vehicle provisions, V.T.C.A., Transportation Code § 683.001 et seq.
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Antique auto means a passenger car or truck that was manufactured in 1925 or before, or a passenger car or
truck that is at least 35 years old.
Collector means the owner of one or more antique or special interest vehicles who collects, purchases,
acquires, trades or disposes of special interest or antique vehicles or parts of them for personal use in order to
restore, preserve and maintain an antique or special interest vehicle for historic interest.
Demolisher means a person whose business is to convert a motor vehicle into processed scrap or metal or to
otherwise wreck or dismantle a motor vehicle.
Garagekeeper means an owner or operator of a parking place or establishment, motor vehicle storage facility
or establishment for the servicing, repair or maintenance of a motor vehicle.
Junked vehicle means a motor vehicle, V.T.C.A., Transportation Code § 683.071 et seq., that is inoperative, and:
(1) Does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety
inspection certificate; or
(2) Wrecked, dismantled, partially dismantled or discarded; or
(3) Remains inoperable for a continuous period of more than 45 days.
Motor vehicle means a motor vehicle subject to registration under V.T.C.A., Transportation Code § 501.001
et seq., the Certificate of Title Act; except for purposes of sections 12-124.2 and 12-124.3, of this division, "motor
vehicle" includes a motor boat, outboard motor or vessel subject to registration under V.T.C.A., Parks and Wildlife
Code § 31.001 et seq.
Police department means the police department of the City of Grapevine, Texas.
Special interest vehicle means a motor vehicle of any age that has not been altered or modified from original
manufacturer's specifications and, because of its historic interest, is being preserved by hobbyists.
Storage facility means a garage, parking lot or any type of facility or establishment for the servicing,
repairing, storing or parking of motor vehicles.
(Ord. No. 77-42, § 1, 9-20-77; Ord. No. 87-09, § 2, 2-17-87; Ord. No. 2002-58, § 5, 8-20-02)
Sec. 12-123. Nuisance.
A junked vehicle as herein defined, or parts thereof, which are located in any place where they are visible
from a public place or right-of-way or from private property, regardless of whether or not the junked vehicle is
covered with a tarpaulin or vehicle cover, are detrimental to the safety and welfare of the general public, tending
to reduce the value of private property, to invite vandalism, to create fire hazards, to constitute an attractive
nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the
state, by producing urban blight which is adverse to the maintenance and continuing development of the
municipalities in the state, and such vehicles therefore, shall be and are hereby declared a public nuisance.
(Ord. No. 77-42, § 2, 9-20-77; Ord. No. 2002-58, § 6, 8-20-02; Ord. No. 2009-06, § 2, 3-24-09)
Sec. 12-124. Procedure for abating and removing nuisance.
(a) Private property: A junked vehicle as defined herein, or a part thereof, found on private property shall be and
hereby is declared a public nuisance. Notice of not less than ten days, mailed by certified mail or registered
mail with a five day return requested, shall be given to the last known registered owner of the junked motor
vehicle, any lien holder of record and the owner or occupant of the private premises whereupon such public
nuisance exists, stating the nature of the public nuisance on private property and that such public nuisance
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must be removed and abated within ten days, and further that a request for a hearing upon such removal
and statement must be made before the expiration of said ten day period. If the post office address of the
last known registered owner of the motor vehicle is unknown, notice may be placed on the motor vehicle, or,
if the last known registered owner is physically located, the notice may be hand delivered. If the notice is
returned undelivered by the United States Post Office, official action by the city to abate said nuisance shall
be continued to a date not less than ten days from the date of such return.
(b) Public property and public right-of-way: A junked vehicle as defined herein, or a part thereof, found on public
property or on a public right-of-way shall be and hereby is deemed a public nuisance. Notice of not less than
ten days, mailed by certified or registered mail with a five day return requested, shall be given to the last
known registered owner of the junked motor vehicle, any lien holder of record and the owner or occupant of
the premises adjacent to the public property or the public right-of-way whereupon such public nuisance
exists. Such notice shall state the nature of the public nuisance on the public property or public right-of-way
and that it must be removed and abated within ten days, and further that a request for a hearing upon such
removal and abatement must be made before the expiration of said ten days period. If the notice is returned
undelivered by the United States Post Office, official action to abate said nuisance shall be continued to a
date not less than ten days from the date of such return.
(Ord. No. 77-42, § 3, 9-20-77; Ord. No. 87-09, § 3, 2-17-87; Ord. No. 92-76, § 1, 12-1-92; Ord. No. 2002-58, § 6, 8-
20-02)
Sec. 12-124.1. Disposal of junked vehicles.
A junked vehicle or vehicle part may be disposed of by removal to a scrapyard, demolisher or any suitable
site operated by the city for processing as scrap or salvage. The city may operate a disposal site if the city council
determines that commercial channels of disposition are not available or are inadequate, and it may make final
disposition of the vehicle or vehicle parts, or the city may transfer the vehicles or vehicle parts to another disposal
site if the disposal is only as scrap or salvage.
(Ord. No. 87-09, § 4, 2-17-87; Ord. No. 2002-58, § 6, 8-20-02)
Sec. 12-124.2. Authorization to take possession of junked or abandoned motor vehicles.
The police department may take into custody an abandoned or junked motor vehicle found on public or
private property.
(Ord. No. 87-09, § 5, 2-17-87; Ord. No. 87-17, § 1, 3-17-87; Ord. No. 2002-58, § 6, 8-20-02)
Sec. 12-124.3. Notification of owner and lienholder.
(a) In the event the police department takes into custody an abandoned motor vehicle, it shall notify, not later
than the tenth day after taking the motor vehicle into custody, by certified mail, the last known registered
owner of the motor vehicle and all lienholders of record pursuant to the Certificate of Title Act, V.T.C.A.,
Transportation Code § 501.001 et seq., or V.T.C.A., Parks and Wildlife Code § 31.001 et seq., that the vehicle
has been taken into custody. The notice shall describe the year, make, model and vehicle identification
number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is
being held, inform the owner and any lienholders of their right to reclaim the motor vehicle not later than
the twentieth (20th) day after the date of the notice, on payment of all towing, preservation and storage
charges resulting from placing the vehicle in custody, or garagekeeper's charges, if a proper report is
received from the garagekeeper. The notice shall also state that the failure of the owner or lienholders to
exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and
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lienholders of all right, title and interest in the vehicle and their consent to the sale of the abandoned motor
vehicle at a public auction.
(b) If the identity of the last registered owner cannot be determined, if the registration contains no address for
the owner, or if it is impossible to determine with reasonable certainty the identity and address of all
lienholders, notice by one publication in one newspaper of general circulation in the area where the motor
vehicle was abandoned is sufficient notice under this division. The notice by publication may contain multiple
listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by
certified mail, and shall have the same contents required for a notice by certified mail.
(Ord. No. 87-09, § 6, 2-17-87; Ord. No. 2002-58, § 6, 8-20-02)
Sec. 12-125. Reconstruction.
After a junked vehicle, as defined herein, has been removed it shall not be reconstructed or made operable
by the city or any person acting on behalf of the city.
(Ord. No. 77-42, § 4, 9-20-77; Ord. No. 92-76, § 2, 12-1-92; Ord. No. 2002-58, § 6, 8-20-02)
Sec. 12-126. Public hearing.
Any person who has been issued notice of a public nuisance violation for a junked vehicle may request a
public hearing to appeal the Notice of Violation. When a public hearing is requested as herein provided, said public
hearing shall be held before the city manager. If the city manager affirms the public nuisance violation for a junked
vehicle, then the recipient of the original violation notice shall have 24 hours from the notification of the city
manager's decision, or the remainder of the initial ten-day notice period (whichever is greater) to correct the
violation.
(Ord. No. 77-42, § 5, 9-20-77; Ord. No. 2002-58, § 6, 8-20-02; Ord. No. 2009-06, § 3, 3-24-09)
Sec. 12-126.1 Disposal of abandoned motor vehicles.
(a) If an abandoned motor vehicle has not been reclaimed as provided in section 12-124.3 of this division, the
police department shall sell the abandoned motor vehicle at a public auction. Proper notice of the time and
place shall be served to the owner and all lienholders. The purchaser of the motor vehicle takes title to the
motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police
department, and is entitled to register the purchased vehicle and receive a certificate of title. From the
proceeds of the sale of an abandoned motor vehicle, the police department shall reimburse itself for the
expenses of the auction, the cost of towing, preserving and storing the motor vehicle that resulted from
placing the abandoned motor vehicle in custody, and all notice and publication costs incurred. Any
remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90
days and then shall remain available for the payment of auction, towing, preserving, storage and all notice
and publication costs that result from placing another abandoned vehicle in custody, if the proceeds from a
sale of another abandoned motor vehicle are insufficient to meet these expenses and costs.
(b) The disposition of abandoned motor vehicles left in storage facilities by garagekeepers shall be in accordance
with the provisions of V.T.C.A., Transportation Code § 683.031 et seq., as amended.
(c) The disposal of abandoned motor vehicles to a demolisher and the duties of a demolisher with regard
thereto shall be in accordance with the provisions V.T.C.A., Transportation Code §§ 683.003, 683.051 et seq.,
as amended.
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(Ord. No. 87-09, § 7, 2-17-87; Ord. No. 2002-58, § 7, 8-20-02)
Sec. 12-127. Notice to highway department.
The city, acting through a designated representative, shall notify the Texas Department of Highways and
Public Transportation of the removal of a vehicle or part thereof authorized under this division, such notice to be
given within five days after the date of removal and identifying the vehicle or part thereof.
(Ord. No. 77-42, § 6, 9-20-77; Ord. No. 2002-58, § 8, 8-20-02)
Sec. 12-128. Exemptions.
The provisions of this division shall not apply to:
(1) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is
not visible from the street or other public or private property;
(2) A vehicle or part thereof which is stored or parked in a lawful manner on private property in
connection with the business of a licensed vehicle dealer or junkyard; or
(3) Unlicensed, operable or inoperable antique and special interest vehicles stored by a collector on his
property, provided that the vehicles and the outdoor storage areas are maintained in such a manner
that they do not constitute a health hazard and are screened from ordinary public view by means of a
fence, rapidly growing trees, shrubbery, or other appropriate means. Tarpaulins and vehicle covers
shall not constitute appropriate screening.
(Ord. No. 77-42, § 7, 9-20-77; Ord. No. 2002-58, § 8, 8-20-02; Ord. No. 2009-06, § 4, 3-24-09)
Sec. 12-129. Administration; fees.
(a) The provisions of this division shall be administered by regularly salaried, full-time employees of the city;
except that the removal of vehicles or vehicle parts thereof from property may be by any other duly
authorized person.
(b) A person authorized under this division may enter private property for the purposes specified in this division
in order to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle and remove
or cause the removal of a vehicle or vehicle part that constitutes a nuisance.
(c) The police department, or an agent of the police department that takes custody of an abandoned motor
vehicle, is entitled to reasonable storage charges for:
(1) A period of not more than ten days beginning on the day the police department takes custody and
continuing through the day the police department mails notice as provided for in section 12-52.3; and
(2) A period beginning on the day after the day the police department mails notice and continuing through
the day any accrued charges are paid and the vehicle is removed.
(d) The Grapevine Municipal Court is authorized to issue orders necessary to enforce the procedures set forth in
this division.
(Ord. No. 77-42, § 8, 9-20-77; Ord. No. 87-09, § 8, 2-17-87; Ord. No. 2002-58, § 8, 8-20-02)
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Sec. 12-130. Complaint.
Nothing in this Code shall prevent the city from pursuing civil, criminal, or administrative enforcement of this
ordinance [division] at anytime.
(Ord. No. 77-42, § 9, 9-20-77; Ord. No. 2002-58, § 9, 8-20-02; Ord. No. 2009-06, § 5, 3-24-09)
Sec. 12-131. Penalty.
Any person, firm or corporation violating any of the provisions of this division shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in a sum not to exceed $2,000.00 for each offense
relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed $500.00
for each offense for all other violations, and a separate offense shall be deemed committed upon each day during
or on which a violation occurs. These fines shall be in addition to and cumulative of the provisions for the
abatement of the nuisance as provided for in this division, as well as all other costs provided for by this division.
(Ord. No. 77-42, § 10, 9-20-77; Ord. No. 83-71, § 3, 11-1-83; Ord. No. 85-46, § 2(F), 9-17-85; Ord. No. 87-85, § 7,
12-15-87; Ord. No. 2002-58, § 10, 8-20-02)
DIVISION 4. PARKING LOT DUST
Sec. 12-132. Nuisance.
A lot, tract of land or portion thereof that is used for parking or storing vehicles and that, from time to time,
emits dust, sand or dirt, thereby creating a hazard and being detrimental to the health, safety and welfare of the
general public by interfering with the comfort, health and cleanliness of the city's inhabitants, shall be and is
hereby declared a public nuisance.
(Ord. No. 88-20, § 1, 3-1-88; Ord. No. 2002-58, § 10, 8-20-02)
Sec. 12-133. Unlawful emission of dust, sand and dirt.
It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent or
anyone having supervision or control of any lot, tract of land or portion thereof that is used for the parking or
storing of vehicles, whether for a fee or otherwise, to permit such lot, tract of land or portion thereof to emit dust,
sand or dirt therefrom.
(Ord. No. 88-20, § 1, 3-1-88; Ord. No. 2002-58, § 10, 8-20-02)
Sec. 12-134. Penalty.
Any person, firm, corporation, partnership, association of persons, owner, agent of anyone having
supervision or control of any lot, tract of land or portion thereof that is used for parking or storing vehicles
violating any of the provisions of this division shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined in a sum not to exceed $2,000.00 for each violation, and a separate offense shall be deemed
committed upon each day during or on which a violation occurs.
(Ord. No. 88-20, § 1, 3-1-88; Ord. No. 2002-58, § 10, 8-20-02)
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Secs. 12-135-12-139. Reserved.
ARTICLE VII. OIL AND GAS WELL DRILLING REGULATIONS
Sec. 12-140. Purpose.
The purpose of this article is to establish regulations which describe the process for the review and approval
of oil and gas well drilling and production, but more specifically to:
(1) Establish reasonable and uniform limitations, safeguards, and regulations for present and future
operations related to the exploring, drilling, developing, producing, transporting, and storing of oil and
gas and other substances produced in association with oil and gas within the corporate city limits;
(2) Provide for the safe, orderly, and healthful development of the area within the city and within the area
surrounding the city and to promote the health, safety, and general welfare of the community;
(3) Encourage appropriate protection to environmentally sensitive areas;
(4) Establish procedures for the review and approval of gas well site plans.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-141. Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings as ascribed to
them in this section, except where the context clearly indicates a different meaning. In the absence of a definition
in this section, a word, term, or phrase shall have the meaning as otherwise ascribed in this Code of Ordinances. In
the absence of a definition in the Code of Ordinances, words, terms, and phrases shall have the meanings generally
accepted in everyday use.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-142. Permit required.
No drilling or production of an oil or gas well shall begin until the following have been approved:
(1) No application for an oil or gas well development site plan or oil or gas well permit or any other
application for drilling and production shall be approved until a special use permit ("SUP") has been
approved in accordance with the zoning ordinance. Denial of an SUP for oil or gas well drilling and
production shall be grounds for denial of any other permit applications pertaining to such use for the
same land.
(2) An oil or gas well development site plan that has been approved by the city council is on file with the
city that conforms to the requirements of this article and the Code of Ordinances.
(3) An oil or gas well permit shall not constitute authority for the re-entering and drilling of an abandoned
well. An operator shall obtain a new well permit in accordance with the provisions of this section if the
operator is re-entering and drilling an abandoned well.
(4) No oil, gas well permit shall be issued for any well to be drilled on city owned property without the
prior consent of city council.
(Ord. No. 2006-85, § 2, 12-19-06)
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Sec. 12-143. Permit conditions.
The following shall be applicable to all gas well site plan and permit applications:
(1) It shall be the policy of the city to consider oil and gas well drilling and production as subject to the
control of the city pursuant to the city Comprehensive Plan for the orderly, planned, efficient, and
economical development of the city.
(2) The city has no obligation to extend water or sewer service to any lot, tract or parcel or land site
planned for oil or gas well drilling and production in violation of this article.
(3) All oil and gas well site plans shall conform to the rules and regulations set forth herein.
(4) This article is not intended to repeal, abrogate, or impair any existing plans or ordinances. However, if
the provisions of this article and other ordinances or plans conflict or overlap, the most restrictive
provisions thereof shall apply.
(5) The provisions contained in this article, shall be considered as the minimum requirements for review
and approval of an oil or gas well site plan.
(6) An oil or gas well permit shall not be required for exploration for oil or gas. Exploration of oil or gas
means geologic or geophysical activities, including, but not limited to surveying and seismic
exploration, related to the search for oil, gas, or other sub -surface hydrocarbons.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-144. Site plan requirements.
The applicant requesting gas well drilling and production approval shall submit the required number of
copies of a site plan drawing as determined by the administrative official and which complies with this section. The
site plan shall be required as part of and in addition to the special use permit submittal documents required by
section 49, Special Uses, of the Grapevine Comprehensive Zoning Ordinance.
(1) Identify truck and vehicle routes to the well site, including:
a. Tabularized summary of non-TXDOT roads that will be used; and
b. Lengths of each road that will be used to access the site.
(2) Identify location and dimension of existing or proposed driveway(s) to be used.
(3) Identify the 100-year flood plain.
(4) Identify the proposed source of water.
(5) Identify and show the proposed method of erosion control.
(6) Identify the location of proposed lease lines and property lines.
a. Label distance between wells and property lines;
b. Label distance between wellheads and structures within 1,000 feet of wellheads.
C. Label distance between temporary holding ponds and floodplains.
(7) Show location of all proposed underground pipelines. As built drawings shall be filed with the
engineering department. All pipelines proposed in the public right-of-way shall require a right-of-way
use agreement.
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(8) Identify if pipelines connect with a gas distribution system.
(9) General requirements:
a. Property owner/mineral lessee/mineral owner/gas well operator. The names and addresses of
the current owner of record, mineral lessee, minerals owner and gas well operator.
b. Surveyor name. The name, address and telephone number of the surveyor responsible for the
site plan which shall contain the seal of a state -registered professional land surveyor.
C. Gas well name. Title block containing the proposed name of the gas well(s), acres in lease,
survey, and jurisdiction.
d. Location map. A location map showing the tract by reference to streets or highways.
e. Date. The date the site plan was prepared.
f. Scale and north arrow. The site plan shall be prepared at a numerical scale no greater than one
inch equals 100 feet unless approved by the administrative official responsible for subdivision
review. A graphic scale symbol shall be placed on the drawing with a north arrow indicating the
approximate true north.
g. Development boundary lines. The development boundary lines shall be shown in heavy lines so as
to provide a differentiation with the internal features of the area being proposed for site
planting. The location and dimensions of all boundary lines of the property shall be expressed to
the nearest hundredth foot.
h. Metes and bounds description. A written metes and bounds description of the property shall be
shown on the site plan and be capable of reproducing such lines upon the ground with a closure
error of less than 1:25,000. The legal description shall include reference to an original survey or
subdivision corner, and the Texas NAD83 State Plane Coordinate System. The legal description
shall include the acreage of the total area of the proposed subdivision and be consistent with the
subdivision boundary. The legal description shall contain information to show the last instrument
conveying title to each parcel of property involved in the proposed subdivision, giving grantor,
grantee, date, and land records reference.
Adjacent properties. All property lines, streets and easements on lands immediately adjacent to
and contiguous with the perimeter of the proposed subdivision and extending 100 feet shall be
shown with the names of the owners as shown on the most current tax assessor's files.
Street rights -of -way. The width of all public street rights -of -way shall be shown on the site plan.
The general location and width shall be consistent with the master thoroughfare plan.
Dimensions shall be shown for all curves. The distance from the centerline of any existing
roadway of a boundary street to the proposed subdivision shall be shown to determine the
adequacy of right-of-way along the route and to determine if additional right-of-way is necessary
to accommodate the proposed street.
Permanent structures. The location and general outline of any existing permanent structures,
parking lots, driveways, and other significant structures.
City limit lines. The location of the city limit boundaries of the city and any adjacent city shall be
shown on the site plan.
M. Easements. The location and dimension of all existing or proposed easements shall be shown on
the site plan drawing indicating whether such easement is for any specific purpose.
n. Sheetsize. Map sheets shall be 24 x 36 inches. Sheets shall be numbered in sequence if more
than one sheet is used and an index sheet provided with match lines.
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o. Site plan notes and conditions. When appropriate, the site plan shall contain a listing of any site
plan notes and site plan conditions in a readily identifiable location with each note numbered
consecutively.
p. Street names. All street names shall be shown on the site plan. New street names shall be
sufficiently different in sound and in spelling from other street names in the city to avoid
confusion. The continuation of an existing street shall bear the same name.
q. Lot areas. The area for each lot expressed in square feet shall be shown on the site plan.
r. Survey notes. The final site plan shall be accompanied by one set of surveyor's closure notes for
the boundary of the subdivision. The notes shall be referenced in the same manner as the site
plan.
S. Certification blocks. All site plans shall contain the appropriate certification blocks which shall be
similar to those shown.
(Ord. No. 2006-85, § 2, 12-19-06; Ord. No. 2010-07, § 2, 3-16-10)
Sec. 12-145. Oil and gas well drilling and production standards.
(a) On -site requirements.
(1) Entrance gate: A secured entrance gate shall be required and signs identifying the entrance to the drill
site or operations site shall be reflective.
(2) Fencing: All drilling features including storage pits shall be fenced to prevent access, unless 24-hour
supervision is provided. When not supervised, all fences shall remain locked.
(3) Illegal dumping: No person shall place, deposit, or discharge any oil, naptha, petroleum, asphalt, tar,
hydrocarbon substance, or any refuse including wastewater or brine, from any oil or gas operation or
the contents of any container used in connection with any oil or gas operation in, into, or upon any
public right-of-way, storm drain, ditch or sewer, sanitary drain, any body of water, or any private
property within the corporate limits or extraterritorial jurisdiction of the city.
(4) Fire suppression: All fire suppression and prevention equipment required by any applicable federal,
state, or local law shall be provided by the operator, at the operator's cost, and maintenance and
upkeep of such equipment shall be the responsibility of the operator.
(5) Pit lining: Pit liners shall be designed, constructed, and installed to prevent any migration of materials
from the pit into adjacent subsurface soils, ground water, or surface waters at any time during the life
of the pit. All lined pits shall adhere to the liner standards set forth by the railroad commission.
(6) Screening: All well heads, storage tanks, separation facilities or other mechanical equipment shall be
screened with an eight -foot high masonry screening fence. Such screening shall be installed within 60
days of completion of drilling the first well on the site. Where subsequent well drilling is initiated within
60 days of completion of drilling the first well, the screening may be delayed a maximum of 60 days
from the completion of the subsequent well. Such delays may be permitted for continuous drilling of
additional wells, provided that all drilling of wells be initiated within 60 days of completion of drilling of
the previous well.
(7) Landscaping: Screening shrubs shall be installed completely around the well site except at gates, and
all fences and be sufficient to screen from view the structures sought to be screened. Screening shrubs
shall be a minimum of three feet in height at planting, have the potential to grow to a mature height of
a minimum of eight feet and must have an installed irrigation system that provides total water
coverage to all plant materials. The vegetation or berms shall be kept in an attractive state and in good
(Supp. No. 50)
Created: 2023-01-30 19:36:57 [EST]
Page 54 of 67
condition at all times by the applicant or operator. All landscape and irrigation plans shall be submitted
in accordance with section 53 of the Grapevine Comprehensive Zoning Ordinance. Such landscaping
shall be installed within 60 days of completion of drilling the first well on the site. Where subsequent
well drilling is initiated within 60 days of completion of drilling the first well, the screening may be
delayed a maximum of 60 days from the completion of the subsequent well. Such delays may be
permitted for continuous drilling of additional wells, provided that all drilling of wells be initiated
within 60 days of completion of drilling of the previous well.
(S) Closed -loop drilling fluid systems: Closed -loop drilling fluid systems shall be used instead of lined
reserve pits.
(9) Discharge: No person shall place, deposit, discharge, or cause or permit to be placed, deposited or
discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse including
wastewater or brine from any oil and/or gas operation, or the contents of any container used in
connection with any oil and/or gas operation in, into, or upon any public right-of-way, alleys, streets,
lots, storm drain, ditch or sewer, sanitary drain or any body of water or any private property in the city.
(10) Drilling fluids: Low toxicity glycols, synthetic hydrocarbons, polymers, and esters shall be substituted
for conventional oil -based drilling fluids.
(11) Drilling fluid storage pits: No drilling fluid storage pits shall be located within the city.
(12) Drill stem testing: All open hole formation or drill stem testing shall be done during daylight hours. Drill
stem tests may be conducted only if the well effluent during the test is produced through an adequate
oil and/or gas separator to storage tanks and the effluent remaining in the drill pipe at the time the
tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill
pipe.
(13) Signs:
a. A sign shall be immediately and prominently displayed at the gate on the temporary and
permanent site fencing. Such sign shall be durable material, maintained in good condition and,
unless otherwise required by the commission, shall have a surface area of not less than two
square feet nor more than four square feet and shall be lettered with the following:
1. Well name and number;
2. Name of operator;
3. The emergency 911 number; and
4. Telephone numbers of two persons responsible for the well who may be contacted 24
hours a day incase of an emergency.
b. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" shall be posted
immediately upon completion of the well site fencing at the entrance of each well site and tank
battery or in any other location approved or designated by the fire chief of the city. Sign lettering
shall be four inches in height and shall be red on white background or white on a red background.
Each sign shall include the emergency notification numbers of the fire services department and
the operator, well and lease designations required by the commission.
(b) Operations and equipment standards.
(1) During fracing process:
a. "Flowback" operations to recover fluids used during fracture stimulation shall be performed
during daylight hours;
b. A watchperson shall be required at all times during such operations; and
(Supp. No. 50)
Created: 2023-01-30 19:36:57 [EST]
Page 55 of 67
C. At no time shall the well be allowed to flow or vent directly to the atmosphere without first
directing the flow through separation equipment or into a portable tank.
(2) Nuisance prevention measures shall be implemented to prevent or control offensive odor, fumes, dust,
noise, and vibration in accordance with the conditions set forth by the approved ordinance.
(3) Directional lighting shall be provided for the safety of oil or gas well drilling and production operations
and shall be provided so as to not disturb or adversely affect adjacent developments.
(4) The operator shall, at all times, comply with the rules and regulations of the railroad commission
including but not limited to all applicable field rules.
(5) Only electric motors will be used for the purpose of pumping oil or gas. Internal combustion engines
may be used in drilling operations if they have mufflers that will reduce noise levels to not more than
65 decibels at any point 300 feet from the boundary of the drill site or operation site, whichever is
greater.
(6) No venting of gas into the open air in residential areas except as allowed by the railroad commission
and as approved by the fire marshal.
(7) Only light sand fracture technology or technologies approved by the fire marshal in accordance with
the fire code shall be used to fracture stimulate a well.
(8) Air, gas, and pneumatic drilling shall not be permitted.
(9) The operator shall provide written notice to property owners within 1,000 feet 72 hours prior to the
commencement of fracture activities.
(10) No storage tanks or separation facilities shall be placed in the 100-year floodplain.
(11) The operator shall place an identifying sign at each point where the flow line or gathering line crosses a
public street or road.
(12) Structures shall not be built or placed over flow lines or gathering lines.
(13) Vehicle routes for oil and gas well permits. Vehicles associated with drilling and/or production in excess
of three tons shall be restricted to such streets designated as arterials, collectors or local commercial as
delineated in the city's thoroughfare plan, and in accordance with the truck/vehicle route as provided
for in section 12-144(1) herein. The vehicles shall be operated on state arterials whenever capable of
being used. Such vehicles shall be operated only on city arterials, collectors and local commercial only
when it is not possible to use a state arterial to fulfill the purpose for which such vehicle is then being
operated.
(14) Work hours for oil and gas well permits: Site development, other than drilling, shall be conducted only
between 7:00 a.m. and 7:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday. Truck
deliveries of equipment and materials associated with drilling and/or production, well servicing, site
preparation and other related work conducted on the well site shall be limited to between the above
same work hour restrictions except in cases of fires, blowouts, explosions, and any other emergencies
or where the delivery of equipment is necessary to prevent the cessation of drilling or production.
(15) Noise restrictions for oil and gas well permits:
(Supp. No. 50)
No drilling, producing or other operations shall produce a sound level greater than 65 dB(a) when
measured at a distance of 300 feet from the boundary of the drill site or operation site,
whichever is greater. The noise level shall be the average of sound level meter readings taken
consecutively at any given time from four or more diametrically opposite positions, four feet
above ground level, when measured at a distance of 300 feet from the production equipment. A
Created: 2023-01-30 19:36:57 [EST]
Page 56 of 67
maximum sound level of 85 dB(a) shall apply to formation fracturing when measured at a
distance of 300 feet from the boundary of the drill site or operation site, whichever is greater.
b. No person shall operate or permit to operate in connection with the operation of a producing
well any engine, compressor or motor -driven machinery of any type which creates a sound level
greater than 65 dB(a) when measured at a distance of 300 feet from the boundary of the drill site
or operation site, whichever is greater. The noise level shall be the average of sound level meter
readings taken consecutively at any given time from four or more diametrically opposite
positions measured at a distance of 300 feet from the boundary of the drill site or operation site,
whichever is greater.
(16) Installation of pipelines on, under or across public property: The operator shall apply to the city for an
agreement on, over, under, along or across the city streets, sidewalks, alleys and other city property for
the purpose of constructing, laying, maintaining, operating, repairing, replacing and removing pipelines
so long as production or operations may be continued under any oil, gas, or combined well permit
issued pursuant to this article. Operator shall:
a. Not interfere with or damage existing water, sewer or gas lines or the facilities of public utilities
located on, under or across the course of such rights -of -way.
b. Furnish to the director of development of the city a site plan showing the location of such
pipelines.
C. Construct such lines out of pipe in accordance with the city codes and regulations properly cased
and vented if under a street;
d. Grade, level and restore such property to the same surface condition, as nearly as practicable, as
existed when operations for the drilling of the well were first commenced.
e. All required agreements pursuant to this division shall be completed, reviewed, and resolved by
the city engineer, city attorney, city manager, and, if required, by city council, prior to the
determination of any oil, gas, or combined permit as administratively complete.
(17) Flow lines and gathering lines:
a. Operator shall place an identifying sign at each point where a flow line or gathering line crosses
public street or road.
b. Operator shall place a warning sign for lines carrying H2S (hydrogen sulfide) gas as required by all
applicable state or federal regulatory agencies.
C. All flow lines and gathering lines within the corporate limits of the city (excluding city utility lines
and franchise distribution systems) that are used to transport oil, gas, and/or water shall be
limited to the maximum allowable operating pressure applicable to the pipes installed and shall
be installed with at least the minimum cover or backfill specified by the American National Safety
Institute Code, as amended.
d. Structures shall not be built over flow lines or gathering lines.
(18) No oil, gas, or combined well permit shall be issued for any well to be drilled within any of the streets
or alleys of the city, and no street or alley shall be blocked or encumbered or closed due to any
exploration, drilling or production operations unless prior consent is obtained from the city engineer.
Any consent from the oil and gas inspector shall be temporary in nature and state the number of hours
and/or days that any street or alley may be blocked, encumbered or closed.
(c) Environmental safety standards.
(Supp. No. 50)
Created: 2023-01-30 19:36:57 [EST]
Page 57 of 67
(1) Erosion control practices shall be conducted for all oil or gas wells. Compost berms that are at least one
foot high and two feet wide, or equivalent erosion devices, shall be installed so that all portions of the
well pad that may drain off -site are contained.
(2) Damage resulting from sedimentation and/or erosion shall be repaired immediately.
(3) Gas or oil wells may have a target location or bottom -well hole location that is under the floodway
when the gas or oil well is drilled directionally from a location outside such areas.
(4) Each well shall be equipped with an automated valve that closes the well in the event of an abnormal
change in operating pressure. All wellheads shall contain an emergency shut off valve to the well
distribution line.
(5) Each storage tank shall be equipped with a level control device that will automatically activate a valve
to close the well in the event of excess liquid accumulation in the tank.
(6) All storage tanks shall be anchored for stability.
(7) All storage tanks shall be equipped with either steel or concrete secondary containment systems
including lining with an impervious material. The secondary containment system shall be of a sufficient
height to contain one and one-half times the contents of the largest tank in accordance with the fire
code. Drip pots shall be provided at pump out connections to contain the liquids from the storage tank.
(8) Outdoor storage areas shall be equipped with a secondary containment system designed to contain a
spill from the largest individual vessel. If the area is open to rainfall, secondary containment shall be
designed to include the volume of a 24-hour rainfall as determined by a 25-year storm and provisions
shall be made to drain accumulations of ground water and rainfall.
(9) Tank battery facilities shall be equipped with a remote foam line and a lightning arrestor system.
(10) No structures shall be built over an abandoned well.
(11) No oil or gas well drill sites shall be allowed on slopes greater than ten percent.
(12) No salt -water disposal wells shall be located within the city.
(13) No oil, gas, or combined well permit shall be issued for any well to be drilled within 200 feet of a
floodplain.
(14) For floodplains identified by the Federal Emergency Management Agency (FEMA) on the most current
federal insurance rate map (FIRM), except for zones A or X, the distance measurement from the
proposed well bore shall be calculated as a straight line, without regard to intervening structures or
objects, to the closest exterior point of the base flood elevation topographic contour.
(15) For all areas within the city's corporate limits, in which the proposed well bore is within 775 feet of any
type of surface water conveyance, including, but not limited to, creeks, streams, drainage ditches, or
other constructed storm water conveyance systems, calculating distance in a straight line from the
conveyance centerline, an approximate flood study shall be prepared by the applicant and approved by
a city engineer. Upon completion of the approximate flood study, if the city engineer determines that
the proposed well bore is within 100 feet of any type of surface water conveyance, or other flood
hazard area, then a detailed flood study shall be prepared by the applicant and approved by the city
engineer.
(16) No oil or gas well permit will be issued for any well where the center of the well at the surface of the
ground is located within 1,000 feet of an existing fresh water well intended for domestic use.
(17) The contents of any pit shall always be maintained at least two feet below the top of the pit.
(Supp. No. 50)
Created: 2023-01-30 19:36:57 [EST]
Page 58 of 67
(18) Fencing shall be installed to restrict access to open water reservoirs utilized in oil or gas well drilling
operation at a drill site within the corporate limits of the city.
(19) After the well has been completed, or plugged and abandoned, the operator shall clean and repair all
damage to public property caused by such operations within 30 days.
(20) After any spill, leak or malfunction, the operator shall remove or cause to be removed all waste
materials from any public or private property affected by such spill, leak or malfunction. Cleanup
operations shall begin immediately.
(21) The drill site shall at all times be kept free of debris, pools of water or other liquids, contaminated soil,
weeds, brush, trash or other waste material outside the drill site within a radius of 100 feet around any
separators, tanks and producing wells within the leased property.
(22) Drilling mud pits shall adhere to the following requirements:
a. Only freshwater -based mud systems shall be permitted. Saltwater -based mud systems and oil -
based mud systems are prohibited.
b. No metal additives may be added to any drilling fluids.
C. All fluid produced from the well during completion of production shall be held in enclosed
containers while stored on the property.
d. The pit and its contents shall be removed from the premises within 90 days after completion of
the well; provided, however, that the permittee may apply for a 90-day extension from such
requirements based on showing of good cause, necessity to maintain said pit, inclement weather,
or other factors. The city may designate a period of time shorter than the 90-day extension set
out herein.
e. Fresh water fracturing pond shall be backfilled and provided with suitable groundcover or turf
within one year of completion of fracturing the first well. Where subsequent well drilling is
initiated within one year of completion of fracturing the first well, the removal of the fracture
fluid pond may be delayed for continuous drilling of additional wells, provided that all drilling of
wells be initiated within one year of completion of fracturing of the previous well.
If drilling is discontinued for a period of one year, an extension for the pond to remain in place
for a period of one year may be requested by the permit holder. Such request shall be reviewed
by the site plan review committee and may be approved for good cause. The site plan review
committee may approve more than one extension provided sufficient notification is submitted
by the applicant, and the site has been and continues to be maintained and in compliance with
all city ordinances.
(23) A copy of the hazardous materials management plan as required by the city's fire marshal's office. In
addition to the hazardous materials management plan, all material safety data sheets (MSDSs) for all
hazardous materials that will be located, stored, transported, and/or temporarily used on the drilling
site shall be provided to the oil and gas inspector and fire marshal.
(24) A copy of the emergency response plan as required by the city's fire marshal's office.
(25) A copy of the determination by the state commission on environmental quality of the depth of useable
quality ground water.
(d) Setback distances.
(1) Wells setbacks for gas or oil well permits: It shall be unlawful to drill, redrill, deepen, re-enter, activate
or convert any well, the center of which, at the surface of the ground, is located:
a. Within 1,000 feet from any public park;
(Supp. No. 50)
Created: 2023-01-30 19:36:57 [EST]
Page 59 of 67
b. Within 1,000 feet from any residence, religious institution, public building, hospital building or
school for which a building permit has been issued on the date of the application for a drilling
permit is filed with the fire marshal;
C. Except for buildings addressed by subsection (d)(1)b. immediately hereinabove, within 300 feet
from any building;
d. Within 500 feet from any lease line as indicated on state railroad commission form W-1, or
recorded property, lot or tract line;
e. Within 500 feet from any existing storage tank, or source of potential ignition;
f. Within 200 feet of any public street, road, highway, or right-of-way line;
g. Within 100 feet of any building accessory to, but not necessary to the operation of the well; or
h. Within 1,000 feet to any fresh water well.
The measurement of all distances shall be calculated from the proposed well bore, in a straight line,
without regard to intervening structures or objects, to the closest exterior point of the any object listed
in a. through h. above.
For purposes of this section, a "building used, or designed and intended to be used, for human
occupancy" means an enclosed space, other than a residence, in which individuals congregate for
amusement or similar purposes or in which occupants are engaged at labor, and which is equipped
with means of egress, light, and ventilation facilities.
(2) The distances set out in this may be reduced at the discretion of the city council.
(3) Tank batteries, well facilities and equipment shall be located at least 300 feet from any public park, or
from any residence, religious institution, public building, hospital building or school, or any other
building used, or designed and intended to be used, for human occupancy, for which a building permit
has been issued on the date of the application for a drilling permit is filed. The distance shall be
calculated from the closest tank batteries, well facilities and/or equipment, in a straight line, without
regard to intervening structures or objects, to the closest exterior point of the building.
(Ord. No. 2006-85, § 2, 12-19-06; Ord. No. 2007-24, §§ 2-4, 5-15-07; Ord. No. 2010-07, §§ 3-5, 3-16-10; Ord. No.
2010-49, § 2, 9-21-10; Ord. No. 2012-12, § 2, 4-17-12)
Sec. 12-146. Insurance and indemnification requirements.
The operator shall provide or cause to be provided the insurance described below for each well for which a
gas or oil well permit is issued, such insurance to continue until the well is abandoned and the site restored. The
operator may provide the required coverage on a "blanket basis for multiple wells". Such coverage shall be subject
to the review and approval of the city attorney.
(1) General requirements; indemnification and express negligence provisions.
a. Each gas well permit issued by the city shall include the following language:
(Supp. No. 50)
Operator does hereby expressly release and discharge, all claims, demands, actions,
judgments, and executions which it ever had, or now have or may have, or assigns may
have, or claim to have, against the City of Grapevine, and/or its departments, it agents,
attorneys, elected officials, officers, contractors, servants, successors, assigns, sponsors,
volunteers, or employees, created by, or arising out of personal injuries, bodily injuries, or
death, known or unknown, and injuries to property, real or personal, or in any way
incidental to or in connection with the performance of the work performed by the operator
Created: 2023-01-30 19:36:57 [EST]
Page 60 of 67
under a Gas or Oil Well Permit and the operator caused by or arising out of, that sequence
of events which occur from the operator under the Oil or Gas Well permit and work
performed by the operator shall fully defend, protect, indemnify, and hold harmless the
City of Grapevine, Texas, and/or its departments, agents, officers, servants, employees,
successors, assigns, sponsors, or volunteers from and against each and every claim,
demand, or cause of action and any and all liability, damages, obligations, judgments,
losses, fines, penalties, costs, fees, and expenses incurred in defense of the City of
Grapevine, Texas, and/or its departments, agents, officers, servants, or employees,
including, without limitation, personal injuries and death in connection therewith which
may be made or asserted by Operator, its agents, assigns, or any third parties on account
of, arising out of, or in any way incidental to or in connection with the performance of the
work performed by the Operator under a Gas or Oil Well Permit and, the Operator agrees
to indemnify and hold harmless the City of Grapevine, Texas, and/or its departments,
and/or its officers, agents, attorneys, elected officials, attorneys, servants, employees,
successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a
result of claims, demands, costs, or judgments against the City and/or, its departments, it's
officers, agents, servants, or employees, created by, or arising out of the acts or omissions
of the City of Grapevine occurring on the drill site or operation site in the course and scope
of inspecting and permitting the gas or oil wells INCLUDING, BUT NOT LIMITED TO, CLAIMS
AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE CITY
OF GRAPEVINE OCCURRNG ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND
SCOPE OF INSPECTING AND PERMITTING THE GAS OR OIL WELLS. IT IS UNDERSTOOD AND
AGREED THAT THE INDEMINITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY
EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF GRAPEVINE,
TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYES FROM
THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF GRAPEVINE, TEXAS AND/OR ITS
DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT
NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH,
AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND
SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS OR OIL WELL IS LIMITED TO THE
MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT.
b. All policies shall be endorsed to read "this policy will not be cancelled or non -renewed without 30
days advanced written notice to the owner and the City except when this policy is being
cancelled for nonpayment of premium, in which case 10 days advance written notice is
required".
C. Liability policies shall be written by carriers licensed to do business in the state and with
companies with a VIII or better rating in accordance with the current Best Key Rating Guide, or
with non -admitted carriers that have a financial rating comparable to carriers licensed to do
business in the state approved by the city.
d. Liability policies shall name as "additional insured" the city and its officials, agents, employees,
and volunteers.
e. Certificates of insurance shall be presented to the city evidencing all coverage's and
endorsements required by this section, and the acceptance of a certificate without the required
limits and/or coverage's shall not be deemed a waiver of these requirements.
f. Claims made policies will not be accepted except for excess policies or unless otherwise provided
by this article.
(2) Required insurance coverages.
(Supp. No. 50)
Created: 2023-01-30 19:36:57 [EST]
Page 61 of 67
a. Commercial general liability insurance.
1. Coverage should be a minimum combined single limit of $1,000,000.00 per occurrence for
bodily injury and property damage. This coverage shall include premises, operations,
blowout or explosion, products, completed operations, blanket contractual liability,
underground property damage, broad form property damage, independent contractor's
protective liability and personal injury.
Environmental impairment (or seepage and pollution) shall be either included in the
coverage or written as separate coverage. Such coverage shall not exclude damage to the
lease site. If environmental impairment (or seepage and pollution) coverage is written on a
"claims made" basis, the policy shall provide that any retroactive date applicable precedes
the effective date of the issuance of the permit. Coverage shall apply to sudden and non -
sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes,
acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants,
contaminants or pollutants.
b. Automobile liability insurance. Minimum combined single limit of $500,000.00 per occurrence for
bodily injury and property damage. Such coverage shall include owned, non -owned, and hired
vehicles.
C. Worker's compensation insurance. In addition to the minimum statutory requirements, coverage
shall include employer's liability limits of at least $100,000.00 for each accident, $100,000.00 for
each employee, and a $500,000.00 policy limit for occupational disease, and the insurer agrees to
waive rights of subrogation against the city, its officials, agents, employees, and volunteers for
any work performed for the city by the operator.
d. Excess (or umbrella) liability insurance. A minimum limit of $10,000,000.00, covering in excess of
the preceding insurance policies.
e. Control of well insurance:
1. Minimum limit of $5,000,000.00 per occurrence.
Policy shall cover the cost of controlling a well that is out of control, re -drilling or
restoration expenses, seepage and pollution damage. Damage to property in the operator's
care, custody, and control with a sub -limit of $500,000.00 may be added.
f. Security:
(Supp. No. 50)
1. A security instrument that covers each well shall be delivered to the fire marshal before the
issuance of the gas or oil well permit for the well. The instrument shall provide that it
cannot be cancelled without at least 30 days' prior written notice to the city and, if the
instrument is a performance bond, that the bond cannot be cancelled without at least ten
days' prior written notice for non-payment of premium. The instrument shall secure the
obligations of the operator related to the well to:
Repair damage, excluding ordinary wear and tear, if any, to public streets,
including but not limited to bridges, caused by the operator or by the
operator's employees, agents, contractors, subcontractors or representatives in
the performance of any activity authorized by the gas or oil well permit;
Comply with the insurance and security provisions set forth in this section; and
iii. Pay fines and penalties imposed upon the operator by the city for any breach of
the gas or oil well permit.
Created: 2023-01-30 19:36:57 [EST]
Page 62 of 67
2.
The security instrument may be in the form of an irrevocable letter of credit or payment
bond issued by a bank or surety approved by the city. The instrument shall run to the city
for the benefit of the city, shall become effective on or before the date the gas or oil well
permit is issued, and shall remain in effect until the well is abandoned and the site
restored.
3.
A certificate of deposit may be substituted for the letter of credit or payment bond. The
certificate shall be issued by a bank in the City of Grapevine County, Texas, shall be
approved by the city, shall be payable to the order of the city to secure the obligations of
the operator described above, and shall be pledged to the bank with evidence of delivery
provided to the fire marshal. Interest on the certificate shall be payable to the operator.
4.
The security instrument may be provided for individual wells or on a "blanket" basis for
multiple wells. The amount of the security shall be a minimum of $50,000.00 for any single
well and a minimum of $100,000.00 for multiple wells on a "blanket" basis.
5.
The security will terminate when the gas or oil well permit is transferred, with respect to
the operator -transfer or and if the operator -transferee provides replacement security that
complies with this section, when the well is abandoned and the site restored, and when the
fire marshal consents in writing to such termination.
6.
An appeal of the determination of the amount of security required under this article may
be made to the city council for final determination of the amount of security.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-147. Permit approval.
The director of public works may condition the release of the approved gas or oil well permit upon the
operator providing the security required by section 12-145 and upon the operator entering into a road repair
agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public
streets, including but not limited to, bridges caused by the operator or by the operator's employees, agents,
contractors, subcontractors or representatives in the performance of any activity authorized by the approved gas
or oil well permit.
(1) The failure of fire marshal to review and issue a gas or oil well permit within 30 days shall not cause the
application for the permit to be deemed approved.
(2) Each gas or oil well permit issued by the fire marshal shall:
a. Identify the name of each well and its operator;
b. Specify the date on which the fire marshal issued each permit;
C. Specify the date by which drilling shall commence on at least one well covered by the permit
otherwise the permit expires (such date shall not be less than one year after the date of
issuance);
d. Specify that if drilling is commenced on at least one well covered by the permit before the permit
expires, the permit shall continue until the wells covered by the permit are abandoned and the
site restored;
e. Incorporate, by reference, the insurance and security requirements set forth in section 12-146;
f. Incorporate, by reference, the applicable rules and regulations of the railroad commission,
including the applicable "field rules";
(Supp. No. 50)
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g. Specify that no drilling operations (including the construction of internal private access roads)
shall commence until the operator has provided the security required by section 12-146;
h. Contain the name, address, and phone number of the person designated to receive notices from
the city, which person shall be a resident of the state that can be served in person or by
registered or certified mail; and
Incorporate by reference all permits and fees required.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-148. Emergency reporting.
(a) Requirement to report emergencies:
(1) The operator shall immediately notify the oil and gas inspector and fire marshal of any incident
resulting in product loss from a hydrocarbon storage facility or pipeline facility, blowout, fire,
explosion, incident resulting in injury, death, or property damage, or any other significant incidents as
defined by the city.
(2) A written report, containing a brief summary of the incident, shall be submitted to the oil and gas
inspector by 5:00 p.m. on the first business day of the city following the incident, and a duplicate
report shall be submitted to the fire marshal by the same time.
(3) A follow-up report shall be submitted to the oil and gas inspector and the fire marshal within 30 days
following the incident. The operator responsible for the follow-up incident report shall include the
following information:
a. Operator/applicant name, phone number, addresses, and, if possible, e-mail address.
b. Description of the incident, including, but not limited to, the time, date, location, and cause of
the event.
C. Duration of the incident, that is, when the it began and when it terminated to the degree that it
no longer constituted a hazard to the health, safety, and well-being of persons or property,
regardless of the distance or separation from the place of incident.
d. How the incident was brought under control and/or remedied.
e. A full and complete description of the type of inter -company investigation or other investigation
or inquiry that was made concerning the incident, the findings or results of such inquiry or
investigation, and the action taken as a result of the findings and inquiry concerning the
prevention of the existence of future hazards.
f. Signed and dated by the person responsible for such report.
(4) The operator shall provide a copy of any "incident reports" or written complaints submitted to the
state railroad commission within 30 days after the operator has notice of the existence of such reports
or complaints. This shall include, but not be limited to, notification of any reportable quantity releases
of oil, natural gas, and/or associated minerals, chemicals, or solid and/or liquid wastes, pursuant to
regulatory requirements established by the commission, and notification to the fire marshal of any fire,
and/or equipment strikes by lightning.
(5) Beginning on December 31st, after each well is completed, and continuing on each December 31st
thereafter until the operator notifies the oil and gas inspector that the well has been abandoned and
the site restored, the operator shall submit a written report to the fire marshal identifying any changes
(Supp. No. 50)
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to the information that was included in the application for the applicable permit that have not been
previously reported to the city.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-149. Periodic reporting requirements.
(a) The operator shall notify the fire marshal of any changes to the following information immediately, within
one business day after the change occurs.
(1) The name, address, and phone number of the operator;
(2) The name, address, and 24-hour phone number of the person(s) with supervisory authority over
drilling or operations activities;
(3) The name, address, and phone number of the person designated to receive notices from the city,
which person shall a resident of the state that can be served in person or by registered or certified
mail;
(4) The operator's emergency action response plan including "drive -to -maps" from public rights -of way to
each drill site.
(b) The operator shall provide a copy of any "incident reports" or written complaints submitted to the state
railroad commission or any other state or federal agency within 30 days after the operator has notice of the
existence of such reports or complaints.
(c) Beginning on December 31st, after each well is completed, and continuing on each December 31st thereafter
until the operator notifies the fire marshal that the well has been abandoned and the site restored, the
operator shall prepare a written report to the fire marshal identifying any changes to the information that
was included in the application for the applicable gas or oil well permit that have not been previously
reported to the city.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-150. Notice of activities.
(a) Any person who intends to drill a gas or oil well shall provide written notice to the director of development
services, director of public works, and the fire marshal at least ten days before the drilling begins. Such
notice shall be required for each well on the site.
(b) Any person who intends to proceed with fracture stimulation of a well shall provide written notice to the
director of development services, director of public works, and the fire marshal at least ten days before the
fracting begins. Such notice shall be required for each well on the site.
(c) Written notice shall be provided to the director of development services, director of public works, and the
fire marshal when any drilling or fracture stimulation activity is complete, or at any time such activity has
ceased for a period of 30 days. Such notice shall be required for each well on the site.
(d) Any person who intends to re -work a well using a drilling rig, to fracture stimulate a well after initial
completion, or to conduct seismic exploration involving explosive charges shall give written notice to the city
at least ten days before the activities begin.
(e) Written notices must be provided, by the operator, to all residences within 1,000 feet of a well, 24 hours
prior to fracing of a wellhead.
Created: 2023-01-30 19:36:57 [EST]
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(f) The notice shall identify where the activities will be conducted and shall describe the activities in reasonable
detail, including but not limited to the duration of the activities and the time of day they will be conducted.
(g) The notice shall also provide the address and 24-hour phone number of the person conducting the activities.
(h) The person conducting the activities will post a sign on the property giving the public notice of the activities,
including the name, address, and 24-hour phone number of the person conducting the activities.
(Ord. No. 2006-85, § 2, 12-19-06; Ord. No. 2010-07, § 6, 3-16-10)
Sec. 12-151. Remedies of the city.
(a) If an operator (or its officers, employees, agents, contractors, subcontractors or representatives) fails to
comply with any requirement of a gas or oil well permit (including any requirement incorporated by
reference as part of the permit), the fire marshal shall give written notice to the operator specifying the
nature of the alleged failure and giving the operator a reasonable time to cure, taking into consideration the
nature and extent of the alleged failure, the extent of the efforts required to cure, and the potential impact
on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than
30 days unless the alleged failure presents a risk of imminent destruction of property or injury to persons or
unless the alleged failure involves the operator's failure to provide periodic reports. The fire marshal may
issue a stop work order under the fire code.
(b) If the operator does not cure the alleged failure within the time specified by subsection (a), the city attorney
may notify the state railroad commission and request that the state railroad commission take appropriate
action (with a copy of such notice provided to the operator), and the city may pursue any other remedy
available.
(c) If the operator does not cure the alleged failure within the time specified by subsection (a), the fire marshal
may:
(1) Recommend to the city council that the gas or oil well permit be suspended until the alleged failure is
cured; or
(2) If the operator fails to initiate and diligently pursue a cure recommend to the city council that the gas
or oil well permit be revoked.
(d) The decision of the fire marshal to recommend suspension or revocation of a gas or oil well permit shall be
provided to the operator in writing at least ten days before any action by the city council unless the alleged
failure present a risk of imminent destruction of property or injury to persons.
(e) If a gas or oil well permit is revoked, the operator may submit an application a new gas or oil well permit for
the same well.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-152. Enforcement and right of entry.
(a) The fire marshal is authorized and directed to enforce this article and the provisions of any gas or oil well
permit. Whenever necessary to enforce any provision of this article or a gas well permit, or whenever there
is reasonable cause to believe there has been a violation of this article or a gas or oil well permit, the fire
marshal, or the designated representative, may enter upon any property covered by this article or a gas or oil
well permit at any reasonable time to inspect or perform any duty imposed by this article. If entry is refused,
the city shall have recourse to every remedy provided by law and equity to gain entry.
(b) It shall be unlawful and an offense for any person to do the following:
(Supp. No. 50)
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(1) Engage in any activity not permitted by the terms of a gas or oil well permit issued under this article;
(2) Fail to comply with any conditions set forth in a gas or oil well permit issued under this article;
(3) Violate any provision or requirement set forth under this article.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-153. Plugged and abandoned wells.
(a) Whenever abandonment occurs pursuant to the requirements of the state railroad commission, the operator
so abandoning shall be responsible for the restoration of the well site to its original condition as nearly as
practicable, in conformity with the regulations of this article.
(b) Abandonment shall be approved by the fire marshal after restoration of the drill site has been accomplished
in conformity with the following requirements at the discretion of the fire marshal:
(1) The derrick and all appurtenant equipment thereto shall be removed from drill site;
(2) All tanks, towers, and other surface installations shall be removed from the drill site;
(3) All concrete foundations, piping, wood, guy anchors and other foreign materials regardless of depth,
except surface casing, shall be removed from the site, unless otherwise directed by the state railroad
commission;
(4) All holes and depressions shall be filled with clean, compactable soil;
(5) All waste, refuse or waste material shall be removed from the drill site; and
(6) During abandonment, operator shall comply with all applicable sections in this article.
(c) The operator shall furnish the following at the discretion of the fire marshal:
(1) A copy of the approval of the state railroad commission confirming compliance with all abandonment
proceedings under the state law; and
(2) A notice of intention to abandon under the provisions of this section and stating the date such work
will be commenced. Abandonment may then be commenced on or subsequent to the date so stated.
(d) All abandoned or deserted wells or drill sites shall meet the most current abandonment requirements of the
state railroad commission prior to the issuance of any building permit for development of the property. No
structure shall be built over an abandoned well.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-154. Exemptions.
With the exception of subsections 12-144(1), 12-145(b)(14), and the requirement to enter into a roadway
repair agreement under section 12-147 herein, the requirements of this article are not applicable to any property
subject to the Airport Zoning Act pursuant to chapter 241 of the Local Government Code.
(Ord. No. 2006-85, § 2, 12-19-06; Ord. No. 2007-24, § 5, 5-15-07)
(Supp. No. 50)
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