CHAPTER 92: HEALTH AND SANITATION; NUISANCES

Section
Nuisances
92.01 Littering prohibited
92.02 Weeds, grass, and rubbish a nuisance
92.03 Duty to keep public ways clear
92.04 Uncovered wells

Nuisance Abatement
92.15 Notice requirements
92.16 Abatement; liens
92.17 Municipal Court actions

Noise
92.30 Noise as nuisance
92.31 Specific nuisances
92.32 Exceptions
92.33 Emergency suspension of enforcement

Public Pools and Spas
92.45 Adoption of state health standards
92.46 Definitions
92.47 Purpose and intent
92.48 Provisions cumulative
92.49 Permits
92.50 Inspection and analysis; right of entry
92.51 Maintenance and operation standards; responsibility for compliance
92.52 Health and safety provisions
92.53 Violations; permit suspension; correction
92.54 Fees

92.99 Penalty
Cross-reference:
Housing Code; Property Maintenance, see §§ 150.55 et seq.

NUISANCES
§ 92.01 LITTERING PROHIBITED.
(A) Except as otherwise provided in this chapter or Chapters 53 or 93 of this code, it shall be unlawful
for any person to litter the streets, alleys, or any other public property within the city by intentionally
disposing of any article of property thereon.

(B) It shall be presumed that any person so disposing of any article on public property intended to
have disposed of same, and same shall constitute the offense of littering.

(C) Emergency vehicles, including police cars, fire trucks, and city garbage trucks, shall be exempted
from this section.
(Prior Code, § 16-1) Penalty, see § 92.99
Statutory reference:
Litter abatement, see Tex. Health & Safety Code, Chapter 365
Litter abatement, see Tex. Trans. Code, Chapters 391 and 683
Solid Waste Disposal Act, see Tex. Health & Safety Code, Chapter 361

§ 92.02 WEEDS, GRASS, AND RUBBISH A NUISANCE.
(A) It shall be unlawful for any person, owner, lessee, occupant, or person in charge of any premises to allow weeds, grass, or other vegetation to grow to a height in excess of 12 inches upon property, other
than agricultural property, within the city limits.

(B) In order to be classified as agricultural property, a tract of property must be:

(1) Over five acres in size;

(2) Actually used for agricultural purposes; and

(3) Listed on the property tax rolls of the county as agricultural land appraised based upon open space/agricultural use value.

(C) It shall be unlawful for any person, owner, lessee, occupant or person in charge of any premises
to allow brush, tree or lawn trimmings, garbage, food waste, rubbish, or other waste material to accumulate on property owned or occupied by that person within the city limits of the city to such an extent as to create a fire hazard or to become injurious to the health of the citizens of the city.

(D) The existence of weeds, grass or other vegetation in excess of 12 inches upon property, other than
agricultural property, within the city limits is declared to constitute a public nuisance. The existence of
brush, tree or lawn trimmings, garbage, food waste, rubbish, or other waste material on any property within the city limits which creates a fire hazard or is injurious to the health of the citizens of the city is declared to constitute a public nuisance.

(E) Any person violating any provision of this section shall be deemed guilty of a misdemeanor.
(Ord. 24-51C, passed 2-8-1999) Penalty, see § 92.99

§ 92.03 DUTY TO KEEP PUBLIC WAYS CLEAR.
It shall be the duty of every owner, firm, corporation, partnership, lessee, occupant, or person in charge
of premises with a sidewalk or parkway abutting thereon to keep the sidewalk or parkway free and clear of weeds, grass, brush, trash, or rubbish. The growth or accumulation upon a sidewalk or parkway of weeds, grass, brush, trash, or rubbish to such an extent as is reasonably calculated to create a fire hazard or to become injurious to the health of the citizens of the city is hereby declared to constitute a public nuisance.
(Prior Code, § 16-61) Penalty, see § 92.99

§ 92.04 UNCOVERED WELLS.
It shall be unlawful for the owner, occupant, or person in charge to allow an uncovered well within the city. This condition, if it continues after two days’ notice by the city acting through its Manager or Police Chief, is hereby declared a public nuisance.
(Prior Code, § 16-62) Penalty, see § 92.99

NUISANCE ABATEMENT

§ 92.15 NOTICE REQUIREMENTS.
(A) If any person does not comply with any of the standards or requirements set forth in §§ 92.01 et
seq. or Chapters 53 or 93 of this code of ordinances, the city may give notice to that person informing him or her that he or she has a duty to comply with the standards and requirements of these provisions, that he or she is in violation of these provisions, and that the violation must be corrected. If a lien is to be placed on the property as provided for herein to cover the costs of correcting any violations of these provisions, the owner must first be notified.

(B) The notice provided for above may be given by personal service or by a letter addressed to the
person at his or her post office address. The letter may be sent by first class mail or certified mail. If
service is not possible by one of these methods, or if the owner’s address is unknown, notice may be given by publication in a paper of general circulation two times within ten consecutive days.
(Ord. 24-51B, passed 2-8-1999)

§ 92.16 ABATEMENT; LIENS.
(A) If the owner or other person given the above notice fails or refuses to comply with the notice to
comply with the standards or requirements of these provisions, the city may correct the violation by doing the work necessary to correct the violation or causing the work to be done.

(1) Provided the property owner has been given notice, as provided in this section, all expenses
incurred by the city to correct the violations may be charged against the property, and a lien in the amount of those charges, including salary and wages of all employees, as well as reasonable charges for machinery, tools, and vehicles used and any filing fees, may be created. The lien shall be set forth in a statement of the expenses incurred, signed by the Mayor or other city official designated by the Mayor, and filed in the Deed Records of the county. Interest shall accrue on the lien at the rate of 10% per annum, beginning on the date that the corrective action of the city is completed.

(2) Payment of all liens created in accordance with this subchapter shall be made to the city’s Finance Department. For payments made subsequent to the filing of a lien with the County Clerk, an appropriate release will be prepared. The City Manager or his or her designated representative is hereby authorized to sign all releases for the city.

(B) Suit may be filed by the city for the collection of any liens so created and a foreclosure had in the
name of the city. The statement of the Mayor or City Health Officer shall be prima facie proof of the
amount of money expended to correct any violation of this subchapter.
(Ord. 24-51B, passed 2-8-1999)

§ 92.17 MUNICIPAL COURT ACTIONS.
(A) In addition or in lieu of notice to a property owner or occupier, or any other person, that the
person or the person’s property does not comply with the standards and requirements of these provisions, any person who violates this subchapter may be issued a citation by the city requiring that he or she appear before the Municipal Court within ten days. Failure to appear before the Court within that ten-day period shall be a separate offense under this chapter. It shall not be a defense to any action initiated by citation that a prior notice was not issued.

(B) If citation is issued pursuant to division (A) above, a summons may be issued through the
Municipal Court requiring the person to whom the citation is issued to appear before the Court at a specific time in regard to that violation. It shall not be a defense to any action initiated by a summons that a prior notice or citation was not issued.
(Ord. 24-51B, passed 2-8-1999) Penalty, see § 92.99

NOISE

§ 92.30 NOISE AS NUISANCE.
(A) Any unreasonably loud, disturbing, unnecessary noise which causes material distress, discomfort,
or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a
nuisance and is hereafter prohibited.

(B) Any noise of the character, intensity, and continued duration, which substantially interferes with
the comfortable enjoyment of private homes by persons of ordinary sensibilities, is hereby declared to be a nuisance and is hereafter prohibited.
(Prior Code, § 11-20) (Ord. 23-1, passed 10-19-1992) Penalty, see § 92.99

§ 92.31 SPECIFIC NUISANCES.
The following acts, among others, are declared to be nuisances in violation of this subchapter, but
these enumerations shall not be deemed to be exclusive, to wit:

(A) The playing of any radio, phonograph, or other musical instrument in such a manner or with the
volume, particularly during the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort, or repose of persons of ordinary sensibilities in any dwelling, hotel, or other type of residence;

(B) The use of any stationary loudspeaker or amplifier of an intensity that annoys and disturbs persons
of ordinary sensibilities in the immediate vicinity thereof; the use of any stationary loudspeaker or
amplifier operated on any day between the hours of 10:00 p.m. and 7:00 a.m.;

(C) The keeping of any animal or bird which causes frequent or long-continued noise which disturbs
the comfort and repose of any person of ordinary sensibilities in the immediate vicinity;

(D) The continued or frequent sounding of any horn or signal device on any automobile, motorcycle,
bus, or other vehicle except as a danger or warning signal; the creation by means of any signal device of
any unreasonably loud or harsh noise for any unnecessary and unreasonable period of time;

(E) The running of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such
a manner as to create loud or unnecessary grating, grinding, jarring, or rattling noise or vibrations;

(F) 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;

(G) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion
engine, or motor vehicle or boat engine except through the muffler or other device which will effectively
prevent loud or explosive noises therefrom. No automobile, truck, motorcycle, or other vehicles shall be operated upon any roadway or property within the city unless the same is provided with a muffler which is in efficient and actual working condition, and the use of a cut-out is prohibited;

(H) The use of any mechanical device operated by compressed air, unless the noise to be created is
effectively muffled and reduced;

(I) The erection, including excavation, demolition, alteration, or repair work on any building other
than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays, except in case of urgent necessity in the interest of the public safety and convenience, and then only by permit from the City Council, which permit may be renewed by the City Council during the time the emergency exists;

(J) The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates, and containers;

(K) The raucous shouting and crying of peddlers, hawkers, and vendors, which disturb the peace and
quiet of the neighborhood; and

(L) 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, or sale of merchandise. Sound trucks may be operated within the corporate city limits only for the purpose of disseminating information of public interest and involving partisan issues or the dissemination of information of political interest and not involving partisan issues.
(Prior Code, § 11-21) (Ord. 23-1, passed 10-19-1992) Penalty, see § 92.99

§ 92.32 EXCEPTIONS.
The following acts are declared not to be noise nuisances in violation of this subchapter:

(A) The playing of Christmas music and carols as authorized and promoted by the Chamber of Commerce of the city, the Main Street Project, or the city;

(B) The playing of music or cheers in support of city athletic programs during or immediately prior to or immediately subsequent to any athletic event; or

(C) The playing of music during festivals planned by the Chamber of Commerce of the city, the Main
Street Project, or the city. Permission from the City Manager must be sought before playing music at
festivals.
(Prior Code, § 11-22) (Ord. 23-1, passed 10-19-1992)

§ 92.33 EMERGENCY SUSPENSION OF ENFORCEMENT.
The Mayor or some other officer designated by him or her in the case of an emergency may suspend
the enforcement of this subchapter insofar as then and there considered necessary for the purposes of
dissemination to the public of any matter pertinent to dissemination because of disaster, catastrophe, or
other state of affairs creating an emergency.
(Prior Code, § 11-23) (Ord. 23-1, passed 10-19-1992)

PUBLIC POOLS AND SPAS

§ 92.45 ADOPTION OF STATE HEALTH STANDARDS.
For the purpose of regulating pools and spas, the State Department of Health Standards for Public Pools and Spa, Tex. Admin. Code, Title 25 - Health Services, Part I - State Department of Health, Chapter 265 - General Sanitation, subchapter L, §§ 265.181 - 265.207, as they may be amended or revised, copies of which are on file with the office of the City Secretary, are hereby adopted and made a part of this code as if fully set out herein, and the provisions thereof shall govern all matters covered therein within the city, except those provisions which may be in conflict with other provisions of this code or state law with certain enumerated exceptions and deletions as provided in this subchapter.
(Ord. 25-13, passed 4-9-2001)

§ 92.46 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BATHHOUSE. A structure which contains dressing rooms, showers, and toilet facilities for use with
adjacent public or semi-public spas or pools.

DIRECTOR or HEALTH AUTHORITY. The Director of the Health District, or his or her authorized representative.

HEALTH DISTRICT. The Waco-McLennan County Public Health District.

PERMIT HOLDER. A person who is responsible for the operation of any pools, spas, or related
inspected water activity regulated herein, and who shall in all respects act as the representative for any
entity or person having an ownership interest in same, and has applied for and obtained a permit on behalf of the entity or individual.

POOL DECK. The area immediately around the pool which is usually paved but may be of wood or
another surface.

POOL MANAGER OF OPERATIONS. The person who operates or maintains any pool or spa
pursuant to this subchapter.

REGULATORY AUTHORITY. The Health District.

SPA. A public or semi-public spa as defined by the Standards.

STANDARDS. The State Department of Health Standards for Public Pools and Spas, Tex. Admin.
Code, Title 25 - Health Services, Part I - State Department of Health, Chapter 265 - General Sanitation, subchapter L, §§ 265.181 - 265.207, as they may be amended or revised.

SWIMMING POOL. A public or semi-public pool as defined by the State Department of Health
Standards for Public Pools and Spas.
(Ord. 25-13, passed 4-9-2001)

§ 92.47 PURPOSE AND INTENT.
(A) The State Department of Health Standards for Public Pools and Spas (“Standards”), are hereby
adopted and incorporated by reference by the city for the purpose of providing safety and protection of
health of swimmers, users, and bathers.

(B) The Environmental Health Division of the Health District shall have enforcement responsibility of this subchapter.

(C) To defray the reasonable cost of administering this subchapter, the Health District shall require fees to be paid according to the fee schedule approved by the City Council.
(Ord. 25-13, passed 4-9-2001)

§ 92.48 PROVISIONS CUMULATIVE.
The provisions of this subchapter are to be cumulative of all other ordinances or parts of ordinances
governing or regulating the same subject matter as that covered herein.
(Ord. 25-13, passed 4-9-2001)

§ 92.49 PERMITS.
(A) No person shall operate or maintain a public or semi-public swimming pool or spa unless a permit
to operate a pool or spa has been obtained from the Health District, Environmental Health Division.
Application shall be made on a form provided by the Environmental Health Division and shall be submitted with the applicable permit fee. A separate application shall be submitted for each pool or spa for which an operational permit is sought; however, an application for a pool may also include a wading pool located at the same facility. These permits shall be valid for one year unless revoked or suspended for cause. Only persons who comply with these regulations shall be entitled to receive and retain these permits. The permit shall be posted in a conspicuous location visible to the users of the swimming pool or spa.

(B) A permit fee is required for each public or semi-public swimming pool or spa owned or operated
by the applicant. There is no additional fee for a wading pool included in the swimming pool application.
(Ord. 25-13, passed 4-9-2001) Penalty, see § 92.99

§ 92.50 INSPECTION AND ANALYSIS; RIGHT OF ENTRY.
(A) The Health District shall make inspections, surveys, and investigations, collect samples of water
and other substances found on the premises of public or semi-public swimming pools or spas, and make or cause to be made laboratory analysis as may be necessary to determine that every swimming pool or spa complies with the standards and requirements set forth in this subchapter. The Health District is authorized and empowered to enter upon and make inspections of the premises of any public or semi-public swimming pool or spa while it is in operation or use and at any other reasonable time. The pool manager of operations, permit holder, or designee shall assist in any reasonable way with the inspections.

(B) It is the responsibility of the permit holder to reimburse the Health District for the payment of any
laboratory analysis resulting in the suspension of a permit as stated in § 13-438(c)(4).
(Ord. 25-13, passed 4-9-2001)

§ 92.51 MAINTENANCE AND OPERATION STANDARDS; RESPONSIBILITY FOR
COMPLIANCE.
(A) Every public or semi-public swimming pool or spa shall be under the supervision of the permit
holder, who shall be responsible for compliance with all parts of this subchapter relating to maintenance,
operation, and safety. It shall be unlawful for the permit holder to cause or permit the existence of a
condition which is in violation of any part of this subchapter. All repairs to existing equipment and
facilities shall comply with the Standards. Equipment, parts, or materials that are replaced shall be new
and shall comply with the Standards.

(B) All pumps, filters, disinfectant and chemical feeders, drains, ladders, lighting, ropes, and appurtenant equipment used in the operation of all swimming pools, spas, diving towers, and water slides shall be maintained in a good state of repair. The pool or spa shall be closed immediately whenever glass, food, garbage, human excrement, or any other unsafe substance is introduced into the water and that substance creates a hazard to the health or safety of the general public.

(C) All swimming pool and spa waters shall be treated and maintained in accordance with the Standards.

(D) Areas surrounding a public or semi-public swimming pool, including decks and fencing,
bathhouses, dressing rooms, toilets, shower stalls, and lounging areas, shall be kept clean and in a state of good repair at all times. The walls, floors, and equipment of appurtenant facilities at a spa or swimming pool must be maintained in a clean and sanitary condition at all times.
(Ord. 25-13, passed 4-9-2001) Penalty, see § 92.99

§ 92.52 HEALTH AND SAFETY PROVISIONS.
(A) Swimming pools.

(1) Safety features and safety equipment shall be the same as stated in the Standards.

(2) Existing public or semi-public swimming pool depth markings shall be plainly marked and must be visible at or above the water surface on the vertical wall of the swimming pool and on the edge of the deck or walk next to the swimming pool at maximum and minimum depth points, and at the points of break between the deep and shallow portions and at intermediate one-foot increments of depth in the shallow end and spaced at not more than 25-foot intervals measured around the entire perimeter of the swimming pool. The depth in the diving areas will be appropriately marked.

(3) Depth markers for existing public or semi-public swimming pools shall be in numerals of four inches minimum height and a color contrasting with background. Where depth markers cannot be placed on the vertical walls above the water level, other means shall be used, those markings to be plainly visible to persons in the swimming pool. Any repair to or replacement of depth markings shall comply with the
Standards for new pools.

(B) Spas. Unless a specific provision applies to the contrary, spas as defined in § 13-431 shall be
subjected to the same design and operation criteria which apply to swimming pools as stipulated in this
subchapter and the Standards.
(Ord. 25-13, passed 4-9-2001)

§ 92.53 VIOLATIONS; PERMIT SUSPENSION; CORRECTION.
(A) If a determination is made that the public or semi-public swimming pool or spa does not comply
with the provisions of this subchapter, the Health District shall notify the permit holder of the existing
violations. If the Health District determines that the condition of the pool or spa is hazardous to the health or safety of the swimmers or of the general public, the pool or spa shall be immediately closed and the permit suspended. A reinspection of the pool will be conducted during the regular working hours of the Health District at the request of the pool or spa manager of operations or the permit holder. If compliance has been achieved, the permit holder shall be notified that the pool may be opened; and upon payment of the reinspection fee, the permit shall be reinstated.

(B) When the Health District has ordered that a pool or spa be closed due to noncompliance with any
provision of this subchapter, the permit holder shall not allow the pool or spa to be used for swimming,
diving, or bathing purposes and shall immediately take every reasonable step to prevent the use of the pool for those purposes. Use of the pool or spa after the Health District has ordered the pool or spa to be closed shall be deemed prima facie evidence that the permit holder of the pool or spa has knowingly allowed the pool or spa to be used for those purposes.

(C) The Director of the Health District shall suspend a permit to operate a swimming pool or spa if
any of the following exist:

(1) The annual permit fee is not paid;

(2) The condition of a pool or spa is hazardous to the health or safety of the general public;

(3) The permit holder fails to keep all pool or spa equipment and devices working properly;

(4) The permit holder fails to maintain correct disinfection levels or pH levels on two consecutive tests on two different days, or allows the presence of organisms of the coliform group in any sample on two consecutive days; or

(5) The permit holder fails to correct minor violations by the next routine inspection or by any written notice issued under this subchapter.

(D) The suspension shall continue until the cause of suspension is corrected and a reinspection fee to the Health District and the annual permit fee are paid.

(E) Any decision to suspend or revoke a permit by the Director may be appealed to the City Manager
if the appeal is in writing and made within five days of the decision of the Director. The City Manager
may uphold, reverse, or modify the decision of the Director. The decision of the City Manager is final.
(Ord. 25-13, passed 4-9-2001) Penalty, see § 92.99

§ 92.54 FEES.
(A) The fees for the inspection of, issuing a permit, renewing a permit, or any other fee authorized
by ordinance of this city concerning a public or semi-public swimming pool or spa in this city are hereby
set and established in the table below.

(B) The Health District is hereby authorized to collect and retain all fees for the inspection of, issuing
a permit, renewing a permit, or any other fee authorized by ordinance of this city concerning a public
swimming pool or spa in this city.
(Ord. 25-14, passed 4-9-2001)

§ 92.99 PENALTY.
(A) General. Any person who shall violate any section of this chapter for which no other penalty is provided shall, upon conviction, be subject to penalties as provided in § 10.99 of this code.

(B) Litter. Any person guilty of the offense of littering shall be fined in accordance with § 10.99 of this code.
(Prior Code, § 16-1)

(C) Noise. Violation of §§ 92.30 et seq. of this code shall be a misdemeanor punishable by a fine of
up to $1,000 or the maximum allowed in § 10.99 of this code of ordinances, plus court costs and fees.
Each day any violation occurs shall constitute a separate offense.
(Prior Code, § 11-24) (Ord. 23-1, passed 10-19-1992)

(D) Public pools and spas. A violation of §§ 92.45 et seq. shall be a misdemeanor and the penalty
for violating that subchapter shall be as provided for in § 10.99 of this code of ordinances, which shall be a minimum fine of not less than $50 nor more than a maximum fine of $500, and each day a violation
exists shall be a separate offense.
(Ord. 25-13, passed 4-9-2001)