IN GENERAL
Houston Code of Ordinances ch. 40, art. I
in effectHouston Code of Ordinances § 40-2 Survey of sidewalks and fixing of bounds and limits.
Sec. 40-2. - Survey of sidewalks and fixing of bounds and limits.
It shall be the duty of the city engineer to survey and lay out the several sidewalks along the several streets of the city, and fix the bounds and limits between the sidewalks and the streets.
(Code 1968, § 41-2; Ord. No. 90-635, § 96, 5-23-90)
Houston Code of Ordinances § 40-3 Installation of street lights.
Sec. 40-3. - Installation of street lights.
(a) Where lighting is requested for installation by the city, the mayor is hereby authorized to approve, upon the recommendation of Houston Public Works, the installation of ornamental standard type street lights in residential areas. For lighting requested for installation by a developer of a housing, commercial, or industrial development or the developer's agent, ('developer'), and upon approval of the request by Houston Public Works, a fee shall be paid to the city by the developer in an amount of money sufficient to pay the operating cost of the lights for a period of one year. This section shall also be applicable for ornamental standard type lighting on nonresidential streets where lighting is requested prior to the time it is scheduled by the city. The mayor may delegate such authority to persons named in a written delegation notice signed by the mayor and filed with the city secretary, subject to revocation at any time.
(b) The fee paid to the city whenever ornamental street lights are to be installed shall be in an amount calculated by Houston Public Works to represent the operating cost of the street lights for one year. The fee collected shall be deposited in a special revenue account which is hereby established. The monies collected in the special account shall be designated for street lighting use only. All notices of the amount of fee due shall clearly state that any fee not received within six months from the date of issuance by Houston Public Works shall be subject to increase.
(c) The foregoing requirement for a fee paid by a developer shall not apply in the case of ornamental standard type street lights for which the installation charges, if any, plus the estimated operating cost for one year or more are to be paid for out of funds obtained through the Department of Housing and Urban Development of the United States of America as part of the Community Development Block Grant Program. The installation of such street lights may be approved by the mayor (or the mayor's designee) upon the determination by the Director of Houston Public Works that such funds are available and have been duly authorized to be expended for such purpose.
(Code 1968, § 41-4.1; Ord. No. 70-636, § 1, 5-5-70; Ord. No. 79-962, § 1, 6-14-79; Ord. No. 80-571, § 1, 3-18-80; Ord. No. 82-368, § 1, 3-8-82; Ord. No. 82-906, § 1, 6-1-82; Ord. No. 86-528, § 30, 4-22-86; Ord. No. 90-635, § 97, 5-23-90; Ord. No. 92-1009, § 1, 7-22-92; Ord. No. 93-514, § 67, 5-5-93; Ord. No. 2018-11, §§ 49, 50, 1-10-2018; Ord. No. 2023-1081, § 2, 12-6-2023)
Houston Code of Ordinances § 40-4 Maps and notice of abandonment.
Sec. 40-4. - Maps and notice of abandonment.
(a) It is hereby made the duty of every person owning, using, controlling or having an interest in pipes, conduits, ducts or tunnels under the surface of any public street, alley, sidewalk or other public place for supplying or conveying gas, electricity, water, steam, ammonia or oil in, to or from the city, or to or from its inhabitants, or for any other purpose, to file in the office of the city engineer a map or a set of maps, each drawn to a scale of 200 feet to one inch, which map or set of maps shall be on tracing cloth to be furnished in sheets 15½ inches by 23 inches or even multiple thereof, or as may be required by the city engineer, with a border one and one-half inches on the left hand, and shall show in detail the exact location, size, description and date of installation, if known, of all holes, laterals and service pipes, and of all valves, pressure regulators, drips, manholes, handholes, transform chambers or other appliances installed beneath the surface of public streets, alleys, sidewalks or other public places in the city, belonging to, used by or under the control of such person or in which such person has an interest. It shall also be the duty of every person to file, within 15 days after the first day of January of each and every year, a corrected map or set of maps, each drawn to a scale of not less than 200 feet to one inch, showing the complete installation of all such pipes and other appliances, including all installations made during the previous year, to and including the last day of such year. Each such map shall be accompanied by an affidavit endorsed thereon, subscribed and sworn to by such person, or by a member of a firm, or by the president or secretary of a corporation, to the effect that the same correctly exhibits the details required by this section to be shown thereon.
(b) Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any public street, alley or other public place, or the use thereof, is abandoned, the person owning, using, controlling or having an interest therein shall, within 30 days after such abandonment, file in the office of the city engineer a statement in writing giving in detail the location of the pipe, conduit, duct, tunnel or other structure so abandoned. Each map or set of maps filed pursuant to the provisions of this section shall show in detail the location of all such pipes, conduits, ducts, tunnels or other structures abandoned subsequent to the filing of the last preceding map or set of maps.
(c) It shall be unlawful for any person to fail, refuse or neglect to file any map or set of maps at the time and in all respects as required by this section.
(Code 1968, § 41-5; Ord. No. 90-635, § 98, 5-23-90)
Houston Code of Ordinances § 40-5 Minimum depth.
Sec. 40-5. - Minimum depth.
It shall be unlawful for any person to install or cause or permit to be installed any service pipe or main pipe, conduit, duct, tunnel or other structure, or part thereof, except manholes, culverts and catch-basins, in any public street, alley, sidewalk or other public place at a depth of less than two feet below the established grade of the gutter of such public street, sidewalk, alley or other public place.
(Code 1968, § 41-6)
Houston Code of Ordinances § 40-6 Pipes, conduits, etc., to be laid prior to paving.
Sec. 40-6. - Pipes, conduits, etc., to be laid prior to paving.
All pipes, conduits, tunnels and other structures in or under the surface of public streets, alleys and other public places, shall all be made and laid prior to the paving of such street, alley or public place.
(Code 1968, § 41-7)
Houston Code of Ordinances § 40-7 Subdivision identification markers.
Sec. 40-7. - Subdivision identification markers.
(a) Definition. When used in this section, the term subdivision identification marker means a marker placed in the public right-of-way intended to identify a residential community or residential development with 50 or more platted single-family residential lots. The city engineer may issue a variance for subdivision identification markers for a residential community or residential development with less than 50 single-family residential lots.
(b) Encroachment permit required. A subdivision identification marker installed after December 31, 2008, in the median of a public street right-of-way or in unimproved excess public street right-of-way of a street within, abutting or adjacent to the subdivision must have an encroachment permit issued by the city engineer's office and shall not be subject to the requirements of the Sign Code.
(c) Design standards. A subdivision identification marker must contain the name of the recorded subdivision, and may contain an insignia or motto of the subdivision in addition to identification directly related to the residential community or development, such as 'deed restrictions enforced' and civic association/homeowner's association meeting announcements. A subdivision identification marker may not include any advertising content unrelated to the subdivision, and may not contain any moving, electronic, LED or other changeable message.
The design of the subdivision identification marker shall conform to the standards set forth in the Infrastructure Design Manual, as promulgated and revised from time to time by Houston Public Works. The city engineer must approve each request for more than two subdivision identification markers in the public street right-of-way and may restrict the number of subdivision identification markers for a subdivision taking into account the number of lots in the subdivision, the number of major entrances to the subdivision, and the area (acreage) of the subdivision. The city engineer may establish minimum clearances for subdivision identification markers from the edge of the pavement. The city engineer may also specify acceptable foundations for subdivision identification markers in the public street right-of-way and may require frangible or breakaway marker supports. Variances to any design standards for proposed subdivision identification markers must be granted by the city engineer.
(d) Application for encroachment permit. A subdivision developer or homeowners' association may apply to the city engineer for an encroachment permit for subdivision identification markers. The application for subdivision identification markers must identify the person, partnership, association, corporation or other legal entity responsible for the perpetual maintenance of the marker and include a drawing, approved by Houston Public Works, that shows the design, location, size, height, and material composition of all markers to be permitted, and the location of any utility (water, sanitary sewer, storm sewer, electricity, telephone, cable) facilities in the immediate vicinity of the markers. Each subdivision identification marker must be located so as not to constitute a traffic hazard and shall not be located within the visibility triangle, as defined in section 33-101 of this Code, or otherwise impair the visibility of a vehicle from a road or driveway. The application fees for subdivision identification markers to be located in the public street right-of-way shall be stated for this provision in the city fee schedule. All application fees shall be payable at the time of application for an encroachment permit.
(e) Issuance of encroachment permit. An encroachment permit for subdivision identification markers installed or to be installed in the public street right-of-way shall be issued by the city engineer on terms approved by the city engineer. A legal representative for the applicant shall be required to sign the offered encroachment permit to indicate acceptance of the terms and undertakings therein, whereupon the applicant shall then be the holder of the encroachment permit.
(f) Transfer of encroachment permit. An encroachment permit issued to a developer may be transferred to a homeowners' association upon approval of the city engineer following the submittal of an instrument setting forth the undertaking of the homeowners' association to comply with all the terms of the encroachment permit and to assume all the obligations and responsibilities of the prior holder of the encroachment permit.
(g) Existing subdivision identification markers. Subdivision identification markers located within the public right-of-way on December 31, 2008, must be registered with the Houston Public Works. Houston Public Works shall publish a form to register existing subdivision identification markers. No fees will be assessed for registration of existing subdivision identification markers.
(h) Maintenance, repair and replacement. As used in this subsection, the term holder refers to the holder of an encroachment permit for a subdivision identification marker and the registrant for an existing subdivision identification marker. The holder shall be, and the city shall not be, responsible for any and all maintenance, repair, and/or replacement for the subdivision identification marker, marker support, structure, illumination, and associated landscaping. The city may require the holder, upon 30-days written notice, to perform maintenance, repair, relocation, or removal of the subdivision identification marker, marker structure, and any associated landscaping. After expiration of the 30-day notice, the city may cause the maintenance, repair or removal of the subdivision identification marker at the expense of the holder. In the event that the city needs to perform improvements, maintenance, or repairs of infrastructure within the right-of-way, the city may, without providing 30-days written notice, cause the removal or alteration of the subdivision identification marker or marker structure and landscaping without repair, replacement, or compensation to the holder. In no circumstances shall the city be obligated to repair or replace a subdivision identification marker, or compensate the holder of the marker for any damage caused by the city or other parties.
(Ord. No. 08-1118, § 2, 12-3-08; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2014-364, § 5, 4-30-2014; Ord. No. 2018-11, § 50, 1-10-2018; Ord. No. 2021-1037, § 20(Exh. I.40), 12-1-2021, eff. 4-1-2022)
Houston Code of Ordinances § 40-8 Sale of goods on streets or sidewalks.
Sec. 40-8. - Sale of goods on streets or sidewalks.
(a) It shall be unlawful for any person to expose for sale or to sell any foodstuffs of any nature, any liquids, or any other goods, wares, or merchandise, either exposed or enclosed in boxes, crates, barrels, baskets or any other container or any animals, on any sidewalk, street, parkway, esplanade or any other public property or any property dedicated to public use.
(b) It is an affirmative defense to prosecution under subsection (a) that the person is selling newspapers in full compliance with article XX of chapter 40 of this Code, that the person is operating a sidewalk café under a permit issued pursuant to section 40-10.1 of the Code, that the person is acting in compliance with a franchise granted by the city, or that the person is conducting a transaction in a public building or on public property in which transaction the city is a party, or that the person is selling food or non-food merchandise within the "theater/entertainment district" defined in section 40-261 of this Code pursuant to a permit issued under article XI of chapter 40 of this Code.
(c) Except within a "school crossing zone", it is a defense to prosecution under subsection (a) that the person is selling frozen desserts from a sanitary vehicle in full compliance with laws applicable thereto. For purposes of this section a "school crossing zone" means a reduced-speed zone that is designated on a street by ordinance to facilitate safe crossing of the street by children going to or leaving a public or private elementary school during the times that the reduced speed limit is applicable, provided that the school crossing zone is duly posted by reduced speed signage in accordance with the ordinance applicable to its creation.
(d) It shall be unlawful for any person to cause or aid a minor in conduct prohibited by this section or to provide foodstuffs, liquids or any other goods to a minor with knowledge that the minor intends to sell or offer for sale such goods in contravention of this section.
(e) No provision of section 40-9 or 40-9.1 of this Code shall be construed to authorize sale of frozen desserts in a school crossing zone.
(Code 1968, § 41-10; Ord. No. 69-1122, § 1, 6-25-69; Ord. No. 76-980, § 1, 6-30-76; Ord. No. 76-1191, § 1, 7-14-76; Ord. No. 84-1671, § 1, 10-23-84; Ord. No. 91-1168, § 2, 8-14-91; Ord. No. 97-1004, § 4, 8-20-97; Ord. No. 04-498, § 3, 5-26-04; Ord. No. 07-225, § 3, 2-14-07)
Houston Code of Ordinances § 40-9 Sale of frozen desserts from vehicles.
Sec. 40-9. - Sale of frozen desserts from vehicles.
(a) A person may sell frozen desserts from sanitary vehicles approved and licensed by the health officer pursuant to this Code, and such other refrigerated vehicles from which are sold or dispensed frozen dessert products that are fully wrapped, enclosed and contained in individual wrappers or containers, provided that such vehicles shall be operated and maintained in full compliance with the health, food, drug and sanitary provisions of this Code and the applicable statutes of the state, and provided further that prior to making a sale or dispensing such frozen dessert products the driver of such vehicle shall drive to the side of the street, as close as practicable to the curb, and if there is no curb, then as close as practicable to the hedge of the paved portion or the edge of the portion used for vehicular traffic of said road, and the driver shall stop, stand or park such vehicle in full compliance with all applicable ordinances of the city and statutes of the state, and particularly ordinances governing the stopping, standing, or parking of vehicles, and such vehicle shall remain so stopped, standing or parked for no longer than is necessary to make the immediate sale or to dispense such frozen dessert products.
(b) Any truck used for the purpose of selling or dispensing frozen desserts shall be equipped with a sign clearly visible from both the front and rear, mounted on the top of the truck and bearing the warning "CAUTION—CHILDREN." The lettering for such sign shall be block style letters not less than six inches high and one-half inch wide, and such letters shall be black against a yellow background. Flasher-type warning lights displaying yellow to the front and red to the rear and which operate continuously while the truck is stopped for the purpose of making a sale or dispensing frozen desserts shall be installed at each end of the sign. Failure to so equip and maintain such a truck shall be punishable upon conviction by a fine of not less than $100.00 nor more than $500.00 and each day's violation shall be a separate offense.
(Code 1968, § 41-10.2; Ord. No. 76-981, § 1, 6-30-76; Ord. No. 92-1449, § 54, 11-4-92)
Houston Code of Ordinances § 40-9.1 Sale of frozen desserts from push carts.
Sec. 40-9.1. - Sale of frozen desserts from push carts.
Frozen desserts may be sold upon the sidewalks from non-motorized push cart mobile food units. Each push cart mobile food unit must be operated pursuant to a medallion issued under section 20-37 of this Code. If the mobile food unit does not meet the criteria for restricted operations, as established in section 20-22 of this Code, then the operator shall also obtain a food dealer's permit under section 20-36 of this Code. The provisions of this section do not authorize the operation of a push cart mobile food unit upon the sidewalks in a park as defined in article IX of chapter 32 of this Code or within the "theater/entertainment district," as defined in article XI of this chapter, unless any additional permits, concessions or licenses that are required for operation in those areas are also obtained in full compliance with the aforesaid articles.
(Ord. No. 93-1327, § 3, 10-20-93)
Houston Code of Ordinances § 40-10 Reserved.
Houston Code of Ordinances § 40-10.1 Sidewalk cafés.
Sec. 40-10.1. - Sidewalk cafés.
(a) Purpose. The purpose of this section is to establish procedures and standards by which persons may use certain city rights-of-way for café purposes by means of a license issued under the authority of this section.
(b) Definitions. As used in this section, the following terms and phrases shall have the following meanings:
(1) Abutting property shall mean restaurant property contiguous to a public street right-of-way on which a sidewalk café will be operated under this section.
(2) Application shall mean that form generally described in subsection (d) which must be completed prior to the issuance of a license hereunder.
(3) Canopy shall mean an awning as defined by the Building Code.
(4) License shall mean the written authorization from the traffic engineer granted pursuant to the provisions of this section.
(5) Owner shall include any owner of fee simple title, part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole of the land contiguous to the right-of-way on which a sidewalk café is to be operated under the authority of this section.
(6) Person shall mean an individual, a group of individuals, an association, a club, a society, a firm, a partnership or a corporation.
(7) Public clearance way shall mean an imaginary three-dimensional shape not less than four and one-half feet and not more than 12 feet high vertically extending in a straight line parallel to the public right-of-way and extending the full and complete width of the property to be used as a sidewalk café under the authority of this section.
(8) Public street means the entire width between the boundary lines of every way which is held by the city in fee or by easement or dedication when any part thereof is open to the use of the public for purposes of vehicular travel; provided the term "public street" shall not include any designated state or federal highway or road or any designated county road.
(9) Restaurant shall mean a food service establishment where food is served in individual portions for consumption on the premises as defined by section 20-18 of this Code. This term shall not include an establishment which operates exclusively as a caterer, a commissary, a food processing establishment, a mobile food unit, a retail food store or a temporary food service establishment, all as defined by section 20-18.
(10) Roadway means that portion of a public street which is improved, designed, or ordinarily used for vehicular travel, exclusive of the curb, berm, or shoulder. In the event that a public street includes two or more separate roadways, "roadway" means each such roadway separately.
(11) Sidewalk shall mean that portion of the public street which is between the curblines, or the lateral lines of a roadway, and the adjacent property lines and which is improved and designed for or is ordinarily used for pedestrian travel.
(12) Sidewalk café shall mean an outdoor dining area located on a sidewalk and containing removable tables, chairs, planters, or related appurtenances. In no event shall a sidewalk café be located on or encroach upon the public clearance way as established by the traffic engineer under the provisions of this section. It shall not be enclosed by fixed walls and shall be open to the air, except that it may have a canopy.
(c) License required. It shall be unlawful for any person to erect, operate or maintain a sidewalk café without first obtaining a license to do so as provided in this action.
(d) Procedure for issuance of license:
(1) The traffic engineer is authorized to issue licenses to persons for sidewalk café purposes under the procedures established in this subsection. To obtain a license, a person must pay the applicable fee and file an application on a form prescribed by the traffic engineer. As a part of the application the applicant shall provide:
a. The name and street address of the applicant.
b. The name and street address of the owner of the abutting property.
c. A description of the owner, if other than a natural person, including its legal status (i.e., corporation, partnership, etc.) and a general description of the type(s) of business the owner operates on the abutting property.
d. Written authority in the form of a power of attorney from the owner to submit the application if the applicant is not the owner of the abutting property.
e. The name and street address of the registered agent for the service of process, if the applicant represents a corporation; or the names and street addresses of the officers or partners, if the applicant represents an association, partnership or other entity.
f. The name and street address of the operator, manager or other person responsible for the operation of the sidewalk café.
g. The name under which the sidewalk café will be operated.
h. The street address and the city food establishment license number of the sidewalk café.
i. One or both of the following:
1. A copy of a title policy covering the abutting property and verification by the owner that there has been no change in ownership since the issuance of that policy; or
2. A certified copy or copies of the most recent deed or deeds conveying all or a portion of the abutting property so that ownership of all of the abutting property is accounted for, and verification by the owner or owners that there has been no change in ownership since the date or dates of that deed or deeds.
j. A site plan of legible proportions prepared by a registered public surveyor or professional engineer showing:
1. The entirety of the abutting property of the owner;
2. All contiguous, adjacent properties;
3. All existing sidewalk features including but not limited to utility poles, sign poles, fire hydrants, permanent litter receptacles, telephone booths, newsracks, and mailboxes; and
4. Streets for a distance of at least 25 feet on either side of the abutting property.
k. Detailed drawings of legible proportions showing the design, dimension and proposed location of all temporary structures (i.e., canopies, umbrellas, planters, landscaping, tables, chairs, all exterior lighting, electrical outlets, etc.), the proposed public clearance way and the side and front elevations of the proposed sidewalk café. In addition to the above-noted drawings the traffic engineer may require detailed drawings at a scale of ½ inch equals one foot showing the front facade of the abutting property and at least ten feet of the first story facade of adjacent buildings.
l. The seating capacity of the proposed sidewalk café and the seating capacity of the restaurant which will be associated with the sidewalk café, if any.
m. A copy or copies of the certificate or certificates of insurance required to be provided under subsection (d)(4).
n. Written documentation showing that adequate public water and sewer utilities are available to serve the sidewalk café.
If the records of Houston Public Works include existing and apparently valid property boundary data that address a portion of the relevant information specified in part j. above, or if the traffic engineer otherwise determines that survey data is not required in order to determine property boundaries in compliance with this section, then the traffic engineer shall allow the applicant to provide a simplified site plan that need not be prepared by an engineer or surveyor, provided that the site plan is drawn to scale and includes the sidewalk configuration.
(2) Upon receipt of the application, the traffic engineer shall examine its contents and he shall approve the application if he finds that:
a. The application meets the requirements of this section.
b. The proposed sidewalk café would be in compliance with applicable city ordinances.
c. Given the particular characteristics of the sidewalk upon which the sidewalk café is to be located, and of the pedestrian and vehicular traffic in the area, the operation of the proposed sidewalk café will not unreasonably interfere with pedestrian or vehicular traffic.
d. He has determined in writing that:
1. The improvement or facility will not be located on, extend onto, nor intrude upon any portion of the roadway;
2. The improvement or facility will not be located on, extend onto, nor intrude upon any portion of the sidewalk which is needed for pedestrian use;
3. The design and location of the improvement or facility includes all reasonable planning to minimize potential harm or injury to or interference with the public in the use of the public street; and,
4. The improvement or facility will not create any hazardous condition or obstruction of vehicular or pedestrian travel upon the public street.
Otherwise he shall reject the application. If the application is approved, the traffic engineer shall specifically approve, disapprove or modify the location and dimensions of the public clearance way. If the traffic engineer rejects the application, he shall inform the applicant by notice in writing of his action including the reasons for the action if the application is rejected. Upon rejection of the application a person may modify and refile his application if he so desires or he may, within ten days of the date of the mailing of the notice of rejection, request a hearing before the city planning commission if he believes his license was unreasonably denied. The applicant's request for a hearing should be made in writing to the director of the department of planning and development as secretary of the city planning commission. A hearing shall then be scheduled in a timely manner before the city planning commission.
(3) A license granted hereunder shall be valid for a period of one year from the date of its issuance. The licensee is responsible for renewing his sidewalk cafélicense prior to that anniversary date. If the licensee does not renew his license, he shall remove all tables, chairs and other appurtenances associated with that sidewalk café on or before the expiration date of the license.
(4) The licensee shall maintain insurance in the following types and amounts:
$1,000,000.00 combined single limit for bodily injury and property damage, each occurrence, and $2,000,000.00 annual aggregate.
The city shall be an additional insured on each such policy and such policy shall include a provision to the effect that the city will be notified in writing by the insurance company ten days prior to the cancellation of such policy. The licensee shall then have five days to replace that coverage or the licensee's license shall be deemed revoked without further action on the part of the city. The notice provisions of subsection (d)(7) shall not be applicable for revocation of the license for this reason. THE LICENSEE ALSO AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS AND EMPLOYEES AGAINST ANY LOSS, LIABILITY OR DAMAGE, INCLUDING EXPENSES AND COSTS FOR BODILY INJURY AND FOR PROPERTY DAMAGE SUSTAINED BY ANY PERSON AS A RESULT OF THE LICENSEE'S OPERATION OF A SIDEWALK CAFÉ ON PUBLIC PROPERTY.
(5) A license issued by the traffic engineer shall be subject to the following conditions and may be suspended for failure to comply with them:
a. The sidewalk shall be kept free of standing water, maintained in good repair and kept free from material defects that may present a hazard to life or property.
b. No permanent improvement will be installed in or on the sidewalk. All chairs, tables and other appurtenances associated with the sidewalk café shall be removable at all times.
c. A sidewalk café license is issued in the licensee's name and can not be assigned, sold, or otherwise transferred.
d. A sidewalk café license is a license for a temporary and interruptible use of a sidewalk. It does not and shall not be construed to convey any legal or equitable interest whatsoever to any part of the sidewalk or public right-of-way.
e. A sidewalk café licensed hereunder shall be subject to an inspection by the traffic engineer or his representatives at any time such an inspection is requested. No notice from the traffic engineer prior to such an inspection shall be required.
f. The license is granted subject to the availability of utilities and compliance with all other applicable state and city rules and regulations specifically including all food or health-related ordinances of the city.
g. The sidewalk café may never be enclosed by a permanent wall or other temporary or permanent structure or improvement, except that the boundaries of a sidewalk café may be delineated through the use of a temporary barrier such as a balustrade, cordon, or railing. Any such temporary barrier must be easily removed and three feet or less in height above the sidewalk. Under no circumstances shall temporary barriers as authorized hereunder be allowed in the public clearance way as established by the traffic engineer. In addition, a temporary barrier shall not be affixed to the sidewalk or to any permanent structure, except that it may be attached by removable clips or devices approved in advance by the traffic engineer. With the approval of the traffic engineer, a licensee may drill holes in the sidewalk to secure those clips or devices to the sidewalk. Those clips or devices shall enable a temporary barrier to be easily attached, detached and removed without the temporary barrier, clips, or devices causing damage to the sidewalk.
h. A licensee may not obstruct ingress or egress to any other building or business. In addition, all facilities or improvements shall comply with clearances required from structures to utility lines as provided in a nationally recognized building code.
i. Under no circumstances, shall planters, trees, shrubs, tables, chairs or other such material or appurtenances be allowed in a public clearance way as established by the traffic engineer.
j. The licensee shall maintain adequate lighting in and around the public clearance way to ensure that all obstructions may be easily seen. Such lighting shall be of such type and location and shall have such shading as will prevent the source of the light from being seen from any contiguous, adjacent residential property. It shall not cause illumination beyond the boundaries of the property on which it is located so as to be obtrusive to adjacent property owners and shall not cause illumination beyond the boundaries of the property in excess of five-tenths footcandle. The illumination of the street from the sidewalk shall be no brighter than the illumination provided by ornamental street lights nor shall it have an adverse impact on the flow of vehicular traffic. In addition, its design and color shall not be such that it could be mistaken for a traffic signal.
k. The licensee shall not obstruct access to hydrants, street lights, telephones, mailboxes, transit stops, or any other public service facility on the sidewalk or street. City facilities or improvements or public utility facilities and improvements within the public streets cannot and will not be relocated by the city or the licensee as the result of the sidewalk café operations.
l. The licensee shall install and maintain permanent markers in the sidewalk at grade showing the corners of the public clearance way as established by the traffic engineer.
m. The licensee shall not install, erect or maintain any signs not permitted by the Sign Code.
n. The licensee shall be responsible for supervising the conduct of its patrons and employees.
o. The licensee shall not serve food or beverages to a patron at a sidewalk café unless that patron is seated at a table.
p. The licensee shall ensure that the information provided as a part of his application remains true and correct at all times.
q. The licensee shall not allow the outdoor storage or preparation of food or drink and shall not erect or permit the erection of outdoor waiters' stations.
r. Under no circumstances shall the licensee place, erect, or construct any structure or sidewalk café appurtenance within two feet of the curbline.
s. The licensee shall obtain and maintain in force a certificate of occupancy for the sidewalk café and associated premises.
t. A sidewalk café licensed hereunder may be operated only on the abutting property.
(6) Failure to observe any of the above conditions shall result in up to a one-year suspension of a sidewalk café license. Prior to such suspension the traffic engineer shall give ten days' written notice to the licensee of his violation of or his failure to observe a general condition as set out above. If the licensee requests a hearing prior to the expiration of that ten-day notice period, the traffic engineer shall hold a hearing to determine if the license shall be suspended. The licensee may present evidence in his own behalf if he so desires. The traffic engineer's decision in regard to suspension shall be final. If the licensee fails to request such a hearing, the suspension shall become effective upon the expiration of the ten-day notice period. If operations under a license granted under this section are suspended, all tables, chairs and other appurtenances used as a part of the sidewalk café shall be immediately removed from the sidewalk.
(7) All notices required or permitted under this section shall be in writing and shall be deemed delivered three days after deposit in a United States Postal Service post office or receptacle with proper postage affixed and addressed to the licensee at the street address provided by the licensee (the applicant's name and street address) in his application for a sidewalk café license.
(e) Operations:
(1) No licensee shall cause, permit or allow the following conditions to exist:
a. Preset tables.
b. Litter or trash on the sidewalk or street right-of-way.
c. Any temporary obstruction in the public clearance way (i.e., ice carts, waiters, chairs, etc.).
d. An inadequate number of outdoor trash containers.
(2) The traffic engineer is authorized to issue a written notice of violation of any of the conditions noted above. In the event that three such notices are issued for violations of the above provisions, within a one-year period, the traffic engineer shall, after notice to the licensee, hold a hearing to determine if the license shall be revoked. The licensee may submit evidence in his own behalf if he so desires. The traffic engineer's decision with regard to revocation shall be deemed final. If a license granted hereunder shall be revoked, all tables, chairs and other appurtenances used as a part of the sidewalk café shall be immediately removed from the sidewalk.
(3) In the event that the city health department issues a notice of violation of any of the ordinances of the city to a licensee in connection with the operation or any condition attributable to the licensee's sidewalk café, that department shall immediately notify the traffic engineer of the issuance of that notice. Conversely, if the traffic engineer is notified of or becomes aware of any condition or occurrence which may constitute a violation of any food or health-related ordinance, the traffic engineer shall immediately so notify the Houston Health Department.
(4) In addition to the provisions of subsection (e)(1) hereof, a license shall be revocable without liability therefor if the traffic engineer finds that a public necessity or emergency exists requiring an immediate revocation of the license and termination of operation of the sidewalk café or in the event of lawful need for the site or for access thereto by the city or any utility company, in which case the city may remove the facilities on the site or order the licensee to do so. The traffic engineer shall provide written notice to the licensee as promptly as possible. This notice shall state the reason or reasons removal is or was required. Public necessity for these purposes shall include changed circumstances causing increased pedestrian or vehicular traffic in the area. Notice under this clause shall constitute an exception to the notice provisions of subsection (d)(7).
(f) Fees and bond:
(1) The fee for a sidewalk café license or a renewal of a sidewalk café license is stated for this provision in the city fee schedule.
(2) The licensee shall also provide a cash bond or a bond with the licensee as principal and a corporate bonding company licensed to do business in the state as surety in an amount determined by the traffic engineer to be sufficient to cover the costs of removal of the licensee's facilities by the city or any public utility under any of the provisions of this section, conditioned that the licensee will timely remove its facilities upon request therefor and will reimburse the city or a public utility in the event that the city or a public utility removes the facilities pursuant to this section. Any licensee who received his sidewalk café license hereunder on or before the June 1, 1985, shall have 60 days to provide a bond as required hereunder. If such a licensee fails to deliver such a bond to the traffic engineer, his sidewalk café license shall terminate upon the expiration of that 60-day period.
(Ord. No. 84-1671, § 2, 10-23-84; Ord. No. 84-1888, § 1, 12-5-84; Ord. No. 85-902, § 1, 6-18-85; Ord. No. 86-916, § 1, 6-17-86; Ord. No. 90-635, §§ 99, 100, 5-23-90; Ord. No. 93-514, § 68, 5-5-93; Ord, No, 03-942, §§ 1, 2, 10-15-03; Ord. No. 07-225, § 5, 2-14-07; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2015-820, § 34, 8-26-2015; Ord. No. 2018-11, § 50, 1-10-2018; Ord. No. 2021-1037, § 20(Exh. I.41, 42), 12-1-2021, eff. 4-1-2022)
Houston Code of Ordinances § 40-11 Interactive informational and wayfinding kiosks.
Sec. 40-11. - Interactive informational and wayfinding kiosks.
(a) Definitions. When used in this section the following terms shall apply:
Interactive wayfinding kiosk (commonly referred to as 'interactive kiosk') means an interactive informational wayfinding platform for use by pedestrians and erected by or on behalf of the city in a designated city right-of-way in the form of a kiosk capable of providing or generating electronically-displayed content including but not limited to: weather updates; multimodal mapping to event destinations with mobile integration; shopping, dining, and medical points of interest; job postings; real time transportation information; public opinion surveys; traffic and pedestrian counts; public safety and police emergency notifications; kiosk usage information; public service announcements, and advertisements.
Interactive kiosk service area means any portion of the city's right-of-way approved by the city engineer for placement of an interactive wayfinding kiosk.
(b) Notwithstanding any other city code or ordinance, an interactive kiosk may be erected in any interactive kiosk service area approved by the city engineer. The city engineer shall not approve an interactive kiosk service area that encroaches into the standard minimum sidewalk width required by this Code except upon coordination with the planning official and the MOD official, as defined in section 40-551 of this Code. When the city engineer reviews a proposed placement of an interactive kiosk that will be within the boundaries of a council district, management district or Tax Increment Reinvestment Zone (TIRZ), the city engineer shall notify the district council member, and the management district's or TIRZ's board of directors of the proposed location of the kiosk in writing.
(Ord. No. 2021-357, § 2, 5-5-2021)
Houston Code of Ordinances § 40-12 Sidewalk access doors.
Sec. 40-12. - Sidewalk access doors.
(a) It shall be unlawful for any person to construct, maintain or operate, or cause or permit to be constructed, maintained or operated, any sidewalk access door without lifts or chutes, on a sidewalk or street or other public area of the city serving the basement of any building or structure adjacent thereto, without first obtaining from the Director of Houston Public Works a written permit to make such installation. Such permit shall only be issued on a written application in form approved by the city legal department, which shall provide for indemnity to the city for damage to persons or property by reason of such installation. Such application shall be duly acknowledged by the applicant and, where the applicant is not the owner of the abutting property, by the owner of such abutting property, and it shall contain a covenant running with the land, binding the fee owner of the land abutting the installation and on which the sidewalk and installation are constructed, and his heirs and assigns.
(b) Such permit shall require that such sidewalk door shall be opened only between the hours of 10:00 p.m. and 6:00 a.m., so as to impede pedestrian traffic as little as possible. The type of door and the exact location of the door shall be subject to the inspection and approval by the Director of Houston Public Works, and such permit shall be issued subject to all the pertinent requirements of this chapter.
(Code 1968, § 41-12; Ord. No. 90-635, § 101, 5-23-90; Ord. No. 93-514, § 69, 5-5-93; Ord. No. 2018-11, § 49, 1-10-2018)
Houston Code of Ordinances § 40-13 Group mailboxes or cluster box units.
Sec. 40-13. - Group mailboxes or cluster box units.
For purposes of this section, a cluster box unit means a pedestal-mounted or wall-mounted centralized mail receptacle containing multiple mailboxes. A group mailbox or cluster box unit may only be constructed in the public right-of-way if the group mailbox or cluster box unit does not obstruct:
(1) A sidewalk, street, or other paved improvement in the public right-of-way;
(2) Visibility at the intersection of a street with a private driveway or another street; and
(3) Access to utilities, fire hydrants, or other objects lawfully placed within the public right-of-way.
(Ord. No. 2015-639, § 4, 6-24-2015, eff. 7-24-2015)
Houston Code of Ordinances § 40-14 Clearance of tree limbs over sidewalks.
Sec. 40-14. - Clearance of tree limbs over sidewalks.
It shall be the duty of the owners and occupants of lots in the city in front of and adjacent to which shade trees are growing in the streets, to keep the same trimmed in such a manner that the limbs and branches of the same overhanging the sidewalks shall be at least eight feet above the ground.
(Code 1968, § 41-15)
Houston Code of Ordinances § 40-15 Banners and signs prohibited over or across streets.
Sec. 40-15. - Banners and signs prohibited over or across streets.
It shall be unlawful for any person to erect, place, construct or maintain or to permit any premises owned or controlled by such person to be used for the purpose of supporting any banner or suspended sign over or across any portion of a public street in the city, except as provided in sections 40-30 and 40-31 of this Code.
(Code 1968, § 41-16; Ord. No. 85-2072, § 2, 11-27-85; Ord. No. 05-603, § 3, 5-11-05)
Houston Code of Ordinances § 40-16 Painting or posting house numbers on curbs.
Sec. 40-16. - Painting or posting house numbers on curbs.
(a) No person, except the abutting property owner, shall paint, print or post any house number upon any curb in any public street in the city unless such person has first obtained a permit from the Director of Houston Public Works and prior approval from the owner of the abutting property.
(b) To obtain a permit, the applicant must file an application therefor in writing, on a form provided by the city, setting forth his permanent address and the address at which he can be reached. Copies of leaflets or other materials intended to be used in the solicitation of approval of owners or otherwise promoting the painting, printing or posting of house numbers upon curbs shall be submitted for approval with the application.
(c) All leaflets or other materials soliciting approval of owners or otherwise promoting the painting, printing or posting of house numbers upon any curb in any public street shall conspicuously state that neither the city nor any department thereof is engaged in, promotes or is any way connected with such painting, printing or posting of such house numbers, and shall state the name and address of the person or company responsible for such painting, printing or posting. "Conspicuously" as used in this section, shall mean that the words are of such size, type or color that they will be noticed by an average person who reads such leaflet or materials.
(d) The Director of Houston Public Works shall issue a permit without charge to the applicant unless it is determined that the applicant has not set forth his permanent address and the address at which he can be reached, or the leaflets or other materials intended to be used in soliciting approval of owners or otherwise promoting the painting, printing or posting of house numbers upon curbs do not comply with the requirements set out in subsection (c).
(e) Said permit shall entitle the holder thereof to paint, print or post house numbers on curbs for a period of one year from the date of issuance of the permit when such painting, printing or posting of house numbers is done in compliance with all applicable laws and ordinances. Upon expiration of the permit, a renewal may be obtained by complying with all requirements for the issuance of an original permit.
(f) Any person, including the abutting property owner, who paints, prints or posts house numbers on any curb of a public street shall do so in compliance with the rules and regulations promulgated by the Director of the Houston Public Works with regard to size, color, location or other matters dealing with the painting, printing or posting; provided, however, any such rules promulgated by the said director shall be in writing and shall be available to the public during office hours in the office of said director.
(g) Neither the provisions of this section nor the granting of a permit in accordance herewith shall be construed to permit the distribution of any leaflets or other materials in violation of any ordinance.
(Code 1968, § 41-17; Ord. No. 76-860, § 1, 5-25-76; Ord. No. 90-635, § 102, 5-23-90; Ord. No. 93-514, § 70, 5-5-93; Ord. No. 2018-11, §§ 49, 50, 1-10-2018)
Houston Code of Ordinances § 40-17 Tearing up, injuring, defacing, etc.—Streets.
Sec. 40-17. - Tearing up, injuring, defacing, etc.—Streets.
It shall be unlawful for any person to wilfully or maliciously tear up, injure, deface or destroy in any manner any paved street or any portion thereof.
(Code 1968, § 41-18)
Houston Code of Ordinances § 40-18 Same—Sidewalks.
Sec. 40-18. - Same—Sidewalks.
It shall be unlawful for any person to wilfully or maliciously tear up, injure, deface or destroy any sidewalk, or any portion thereof.
(Code 1968, § 41-19)
Houston Code of Ordinances § 40-19 Removing or defacing street line marks or street name signs.
Sec. 40-19. - Removing or defacing street line marks or street name signs.
It shall be unlawful for any person to remove any post, stake or other mark indicating the lines of any street or alley, or pull down, remove or deface any board, sign or plate indicating the name of any street.
(Code 1968, § 41-20)
Houston Code of Ordinances § 40-20 Removal of street construction materials.
Sec. 40-20. - Removal of street construction materials.
It shall be unlawful for any person to remove any street construction materials, articles or substances placed on or in any street of the city without first obtaining the written permission of the mayor.
(Code 1968, § 41-21)
Houston Code of Ordinances § 40-21 Mixing mortar or cement on streets.
Sec. 40-21. - Mixing mortar or cement on streets.
It shall be unlawful for any person to mix any lime or other mortar or cement upon any of the streets of the city.
(Code 1968, § 41-22)
Houston Code of Ordinances § 40-22 Moving vehicles which drop or throw mud or clay on streets.
Sec. 40-22. - Moving vehicles which drop or throw mud or clay on streets.
(a) It shall be unlawful for any person to move or allow the moving of, by his agent or employee, upon the streets within the city, any vehicle that drops or throws mud, clay or earth upon the surface of any such streets.
(b) Any person violating this section, upon conviction, shall be punished as provided by section 1-6 of this Code.
(Code 1968, § 41-23; Ord. No. 92-1449, § 55, 11-4-92)
Houston Code of Ordinances § 40-23 Use of unguarded welding apparatus near street or sidewalk.
Sec. 40-23. - Use of unguarded welding apparatus near street or sidewalk.
It shall be unlawful for any person to operate or cause or permit to be operated any electrical welding apparatus or oxyacetylene welding apparatus, which emits a flare or arc within 20 feet of any public street or sidewalk of the city, unless such flare or arc emitted from such welding apparatus is shielded so as to be invisible from the public street and sidewalk.
(Code 1968, § 41-24)
Houston Code of Ordinances § 40-24 Allowing water to run into or upon streets or sidewalks.
Sec. 40-24. - Allowing water to run into or upon streets or sidewalks.
It shall be unlawful for any person to permit the water from any hydrant, fountain or sink, situated upon any premises owned or controlled by such person, to run into or upon any sidewalk or street of the city so as to cause such sidewalk or street to become wet and muddy, or so as to cause a public nuisance.
(Code 1968, § 41-26)
Houston Code of Ordinances § 40-25 Throwing articles on streets or sidewalks from roofs or upper stories.
Sec. 40-25. - Throwing articles on streets or sidewalks from roofs or upper stories.
It shall be unlawful for any person to throw any article from the roof or an upper story of a house upon any street or sidewalk.
(Code 1968, § 41-27)
Houston Code of Ordinances § 40-26 Dropping window cleaners' tools on sidewalk.
Sec. 40-26. - Dropping window cleaners' tools on sidewalk.
It shall be unlawful for any person engaged in the washing, cleaning or polishing of any windows upon the outside of any building on, over or abutting any sidewalk in the city to use, handle or have any tool or other equipment for use in such work unless the same is tied, chained or fastened in some suitable manner so that such tool or other equipment cannot fall or drop in, on or upon the sidewalk beneath or adjacent to which such workman is working.
(Code 1968, § 41-28)
Houston Code of Ordinances § 40-27 Impeding the use of a roadway.
Sec. 40-27. - Impeding the use of a roadway.
(a) The following words, terms, and phrases when used in this section shall have the meanings ascribed to them in this subsection, unless the context of their usage clearly indicates another meaning:
Block means to render the entrance or exit to a building impassable, or to place, plant, leave, or erect any object or thing, upon a sidewalk that would in any manner prevent or restrict public use of or access to any part of the sidewalk, or that would render the use of the sidewalk unreasonably dangerous or difficult. Block shall not mean any activity authorized by this Code or by the city or any expressive activity.
Impede means to render the use of a roadway unreasonably difficult or dangerous.
Roadway means the portion of a street improved, designed, or ordinarily used for vehicular travel and includes medians or any raised paved surface within the roadway.
Sidewalk means that portion of the public street that is between the curblines, or the lateral lines of a roadway, and the adjacent property lines and is improved and designed for or is ordinarily used for pedestrian travel.
Street means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(b) It shall be unlawful for an individual to impede the use of a roadway.
(c) It shall be unlawful for an individual to block a sidewalk.
(d) It shall be unlawful for an individual to block the entrance or exit to a building.
(e) No police officer shall issue a citation, make an arrest or otherwise enforce this section against any person unless the officer first requests or orders the person to refrain from the alleged prohibited conduct and the person fails to comply.
(f) It is a defense to prosecution under subsection (b) that the person impeding the roadway is authorized to do so under an authorization issued by the city as required by Texas Transportation Code Section 552.0071 (a).
(g) It is a defense to prosecution under subsection (d) that the person is blocking the entrance or exit to a building with the permission of the property owner.
(h) Any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 1-6 of this Code.
(Ord. No. 2017-256, § 2, 4-12-2017; Ord. No. 2021-206, § 2, 3-24-2021)
Houston Code of Ordinances § 40-28 Reserved.
Houston Code of Ordinances § 40-29 Police and fire departments to be notified of street closing.
Sec. 40-29. - Police and fire departments to be notified of street closing.
The Director of Houston Public Works shall give and direct notices of the closing of any streets within the city, at least 24 hours before the closing thereof, to the police department and the fire department.
(Code 1968, § 41-31; Ord. No. 90-635, § 106, 5-23-90; Ord. No. 93-514, § 74, 5-5-93; Ord. No. 2018-11, § 49, 1-10-2018)
Houston Code of Ordinances § 40-30 Banner districts; creation; decorative banners permitted.
Sec. 40-30. - Banner districts; creation; decorative banners permitted.
(a) Purpose. Except as provided in section 40-31 of this Code, the purpose of this section is to allow an electric utility to use its street light standards for the installation of cloth banners to enhance and accentuate the aesthetic appeal of certain areas of the city.
(b) Definitions. As used in this section and in section 40-31 of this Code, the following terms and phrases shall have the meanings ascribed to them in this subsection:
Banner shall mean a decorative outdoor display that is placed, erected or fastened to a street light standard owned and maintained by an electric utility as permitted by this section. Banners shall be used for noncommercial or nonpolitical purposes only and shall use a word or words only as a part of an artistic composition.
Banner district means an area designated by the city council pursuant to this section within which the display of banners is permitted.
Electric utility shall mean a franchisee of the city actively conducting an electrical power and lighting business.
(c) Designation procedure. A banner district may be designated by the city council in accordance with the following procedure:
(1) Residents of the city may request that the city council designate any area or areas within the city as a banner district. Any such request must include the specific boundaries of the proposed district to be considered by the city council.
(2) Following the filing of any such request with the city secretary, the city council shall, within 45 days of the date of filing, conduct a public hearing to consider the merits of the request.
(3) Any interested person shall have the opportunity to participate in any hearing conducted under the provisions of this section and to present any relevant evidence and testimony.
(4) As a result of such hearing, city council shall determine whether or not the area meets the following criteria:
a. The area has paved public streets with rights-of-way not less than 60 feet wide;
b. The land use in the proposed district is primarily nonresidential; and
c. The designation of the proposed district would not endanger the health, safety, welfare and public convenience of the citizens of the city.
(5) Should a majority of the city council decide that the proposed area meets all the above criteria, the council shall designate the proposed area or a portion thereof as a banner district.
(6) Should a majority of the city council decide that the proposed area does not meet the above criteria, the proposed area shall not be designated as a banner district. No subsequent request seeking designation of any area or portion of an area that failed to meet the criteria of this section under a prior request shall be considered by city council until one year has elapsed from the date of the filing of the prior request.
(7) The action of the city council in approving or disapproving the designation of the banner district proposal may be taken by a motion duly adopted by the city council, and no resolution or ordinance shall be required.
(d) Banners allowed. An electric utility may place, install, erect or maintain, or cause or allow to be placed, installed, erected or maintained, a banner or banners on street light standards on public streets in a banner district. A banner shall not be allowed to be or become a distraction to drivers, or a traffic hazard, or to obstruct street light illumination to any substantial degree.
(e) Removal of banners. A banner shall be immediately removed by the owner of the light standard if the Director of Houston Public Works finds that a public necessity or emergency exists requiring the immediate removal of the banner. The director may issue a written or oral removal order directed and delivered to the owner. Subsequent to an oral removal order, the director shall issue a written notice to the owner within five days of such oral removal order. Written removal notices hereunder shall specify the reasons for the director's removal order and the duration of that order. The duration of the order shall be for only as long as is reasonably necessary under the circumstances. "Public necessity" for this purpose shall include but not be limited to, a threat to the public health, safety and welfare.
(Ord. No. 85-2072, § 3, 11-27-85; Ord. No. 90-635, § 107, 5-23-90; Ord. No. 91-160, § 1, 2-6-91; Ord. No. 93-514, § 75, 5-5-93; Ord. No. 95-1085, §§ 1—3, 10-11-95; Ord. No. 04-1006, § 2, 9-29-04; Ord. No. 05-603, § 4, 5-11-05; Ord. No. 2018-11, § 49, 1-10-2018)
Houston Code of Ordinances § 40-31 Special event banners.
Sec. 40-31. - Special event banners.
(a) Definitions. As used in this section, the following terms and phrases shall have the meanings ascribed to them in this sub-section:
Convention means a convention, trade show, corporate meeting or other event scheduled to be conducted at the George R. Brown Convention Center that is anticipated to generate at least 2,000 peak room nights or in excess of 10,000 room nights in hotels located within the city over the course of the event, as determined by the director of the convention and entertainment facilities department.
Special event banner means a banner that, in connection with a convention, may contain a word or words limited to the following: (1) a welcome, (2) the name of the convention, (3) the date of the convention, (4) the location of the convention, and (5) the symbol or logo of the organization whose name is part of the convention name.
(b) Authorization of display. Special event banners may be displayed only in connection with a convention, as defined in this section. It shall be unlawful to display any special event banner without written confirmation by the director of the convention and entertainment facilities department that a convention is scheduled to be conducted.
(c) Time of display. Special event banners may be displayed only during the time period that begins ten days before the opening date and ends not more than five days after the closing date of the same convention, provided that in the event of a conflict between two or more conventions that each desire to display special event banners or in the case of a conflict with a display of banners on streets where special event banners are requested, the director of the convention and entertainment facilities shall be authorized to coordinate or alter but not extend the display periods.
(d) Location of display. Special event banners may be displayed only on the following specific street segments: Avenida de las Americas from Polk Avenue to Texas Avenue; LaBranch Street from Rusk Avenue to Dallas Avenue; Lamar Avenue from Crawford Street to Avenida de las Americas; Dallas Avenue from Bagby Street to Crawford; McKinney Avenue from Crawford Street to Avenida de las Americas; and Walker Avenue from Avenida de las Americas to Main Street.
(e) Removal of special event banners. A special event banner shall be removed immediately by the owner of the light standard pursuant to section 40-30(e) of this Code if the Director of Houston Public Works finds that a public necessity or emergency exists requiring the immediate removal of the special event banner.
(f) Biennial review. On July 1 in each odd year beginning in 2007, the convention and entertainment facilities department will provide the mayor's office with a report reflecting the events for which special event banners have been used during the preceding two year period and, to the extent available, events for which such banners are planned for succeeding years. The reports will include an evaluation of the impact of such banners on attracting and booking conventions together with a discussion of any other benefits or problems associated with use of the special event banners, such as effects on aesthetics surrounding the George R. Brown Convention Center, attendance at conventions, or assistance to attendees in locating events. The mayor's office will forward the reports to the chair of the appropriate city council committee or committees for review and recommendations for any changes to this section 40-31 of this Code.
(Ord. No. 05-603, § 5, 5-11-05; Ord. No. 2018-11, § 49, 1-10-2018)
Houston Code of Ordinances § 40-32 Pedestrian safety and visibility buffer.
Sec. 40-32. - Pedestrian safety and visibility buffer.
(a) It shall be unlawful for any person without an approved application to build, construct, plant, place, or otherwise cause a visual obstruction within the pedestrian safety and visibility buffer adjacent to a driveway where vehicular traffic exits onto a public street and crosses a sidewalk required by article XXII of this chapter. Objects or improvements below 24 inches or above eight feet as measured from the sidewalk surface shall not be considered a visual obstruction.
(b) The pedestrian safety and visibility buffer shall encompass a rectangular area extending from edges of the exit driveway in both directions along the sidewalk. The two primary dimensions of this triangular area, as measured from intersection of the exit driveway edge and the point of the required sidewalk farthest from public street, shall be:
(1) 14 feet along the length of the sidewalk, and
(2) 6 feet along the edge of the exit driveway perpendicular to the sidewalk.
Exhibits 40-32-1 and 40-32-2 depict the pedestrian safety and visibility buffer on streets with two-way and one-way traffic, respectively.
Exhibit 40-32-1—Two-way Driveway
[image omitted; see the official code]
Exhibit 40-32-2—One-way Driveway
[image omitted; see the official code]
(c) The city engineer is authorized to modify the pedestrian safety and visibility buffer area required by this section when, upon review of written documentation provided by the individual or entity requesting the modification, the city engineer concludes that the standards of this section are technically or otherwise infeasible due to the presence of existing permitted physical conditions.
(d) A permitted object or improvement that would otherwise be considered a visual obstruction under subsection (a) of this section that existed prior to October 1, 2020 shall not be considered a violation of this section.
(Ord. No. 2020-684, § 2(Exh. A), 8-5-2020)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH40STSI_ARTIINGEFetched: 10/26/2026