§ 40-494. Maintenance and display.

(a)

The facilities owner shall ensure that facilities:

(1)

Are constructed, installed, and maintained in a safe, secure condition and in compliance with this article and the city's codes, design manual, and applicable state laws;

(2)

Are in compliance with federal, state and local laws and regulations, including without limitation the Americans with Disabilities Act and Texas Accessibility Standards;

(3)

Are in compliance with department rules and regulations and applicable state laws regarding size and design of facilities; and

(4)

Are not placed within a pedestrian path, unless approved by the director, in writing.

(b)

The facilities owner shall comply with all rules, regulations, statutes, or orders of the Environmental Protection Agency, the Texas Commission on Environmental Quality, and any other governmental agency with the authority to promulgate environmental rules and regulations applicable to the facilities owner's use of the public right-of-way.

The facilities owner shall not possess, use, generate, release, discharge, store, dispose of, or transport any hazardous materials on, under, in, above, to, or from the site except in compliance with the environmental laws. Hazardous materials means any substances, materials, or wastes that are or become regulated as hazardous or toxic substances under any applicable federal, state, or local laws, regulations, ordinances, or orders. The facilities owner shall not deposit oil, gasoline, grease, lubricants, or any ignitable or hazardous liquids, materials, or substances in the city's storm sewer system or sanitary sewer system or elsewhere in violation of the environmental laws.

(c)

When requested by the director, the facilities owner shall trim trees under the supervision and direction of the city's designated person for tree maintenance. The facilities owner shall not trim trees without first obtaining the written approval of the director or the city's designated person for tree maintenance.

(d)

The facilities owner shall install and maintain its facilities in a manner that does not:

(1)

Endanger public safety, health or welfare;

(2)

Interfere with or impede pedestrian use of the public right-of-way;

(3)

Interfere with or impede vehicular traffic, entry or exit from a residence or business, or access to a legally parked or stopped vehicle, nor block view of traffic signs; or

(4)

Interfere with or impede use of a delivery area or a bus, taxi, or valet loading zone.

(Ord. No. 2017-677 , § 2(Exh. A), 8-30-2017)