For AI agents: read the machine-readable documentation index at /llms.txt or the single-file full reference at /llms-full.txt.
Form a Business

GENERAL.

Dallas City Code ch. 31, art. I
in effect

Dallas City Code § 31-1 SWIMMING IN CERTAIN WATER PROHIBITED.

SEC. 31-1. SWIMMING IN CERTAIN WATER PROHIBITED. (a) A person commits an offense if, with the intent to swim, bathe, wade, or go in the water, he enters the water of a river, stream, pond, or watercourse within the city, either natural or artificial, whether public or private. (b) It is an exception to the application of this section if the body of water is a public, semi-public, or private swimming pool which meets the standards of the laws of the state and Chapter 43A of this code. (c) It is a defense to prosecution under this section that: (1) the person was engaged in the performance of his official duties as an officer or employee of the city; (2) the person was engaged in a bona fide effort to rescue or recover a human being or property from the water; (3) the person was engaged in dredging or other water improvement or construction work authorized by the city council or the park and recreation department; or (4) the water was designated by official signs showing that wading or going into the water in the specific designated area is authorized by the rules and regulations of the park and recreation department of the city. (Ord. 14971)

Dallas City Code § 31-2 SETTING OF BOOBY-TRAPS.

SEC. 31-2. SETTING OF BOOBY-TRAPS. (a) A person commits an offense if he installs upon premises, a trap or device of any kind, designed to do bodily harm to a person entering into or upon the premises. (b) It is a defense to prosecution under this section that the device is a tear gas device installed on a safe, vault, cabinet, or vending machine, which is activated only when the equipment is wrongfully opened. (Ord. 14971)

Dallas City Code § 31-3 DISCRIMINATION AND DRESS CODES IN PLACES OF PUBLIC ACCOMMODATION.

SEC. 31-3. DISCRIMINATION AND DRESS CODES IN PLACES OF PUBLIC ACCOMMODATION. (a) In this section: (1) PLACE OF PUBLIC ACCOMMODATION means every business within the city, whether wholesale or retail, or place of entertainment, which is open to the general public and offers for compensation any product, service, or facility, and includes, all hotels, motels, restaurants, bars, lounges, nightclubs, or cabarets where food or beverages are sold or offered for sale; theaters; retail houses; washaterias; bowling alleys; skating rinks; golf courses; and all public conveyances as well as their stations or terminals. (2) HOTEL and MOTEL means every establishment offering lodging to transient guests for compensation other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of the establishment as his residence, nor does it include an establishment if the majority of occupants are permanent residents and maintain their fixed place of domicile in the establishment. (3) BAR and LOUNGE means every bar, lounge, or tavern licensed by the state to serve alcoholic beverages, including wine and beer, for consumption on the premises, other than restaurants and nightclubs. (4) NIGHTCLUB means a nightclub, cabaret, or coffee house offering facilities for public entertainment, social recreation, or group amusement or relaxation, and also offering for sale beverages, whether alcoholic or non-alcoholic. (5) THEATER means every place, whether indoors or out-of-doors, at which any theatrical performance, moving picture show, musical concert, circus, carnival, or other performance is offered for compensation to the general public. (b) A person commits an offense if he: (1) discriminates against, withholds from, or denies a person any of the advantages, facilities, or services offered to the general public by a place of public accommodation because of race, religion, sex, color, or national origin; or (2) refuses admission to or expels from a place of public accommodation, a person for noncompliance with a dress, grooming, or identification requirement that was not previously posted in writing in accordance with Subsection (d). (c) It is a defense to prosecution under Subsection (b)(2) that the refusal of admission or expulsion was required by law. (d) If a place of public accommodation posts dress, grooming, or identification requirements, the requirements must be posted: (1) in writing in a conspicuous, clearly visible location outside each public entrance to the place of public accommodation; and (2) at least seven days before becoming effective if a change is made in the requirements after the initial requirements are posted. (e) This section does not apply to a hotel, restaurant, bar, lounge, nightclub, cabaret, theater, bowling alley, skating rink, or golf course when the accommodations, advantages, facilities, and services are restricted to members of a club and their guests; nor to any bona fide social, fraternal, educational, civic, political, or religious organization, when the profits of the accommodations, advantages, facilities and services, above reasonable and necessary expenses, are solely for the benefit of the organization. (Ord. Nos. 14971; 16443; 18960)

Dallas City Code § 31-4 DISCHARGING A FIREARM IN A PRIVATE PLACE.

SEC. 31-4. DISCHARGING A FIREARM IN A PRIVATE PLACE. (a) A person commits an offense if he discharges a firearm, rifle, shotgun, automatic rifle, revolver, pistol, or other weapon designed for the purpose of firing or discharging a shell or cartridge, in a place not customarily open to the public, whether the shell or cartridge is blank or live ammunition. (b) It is a defense to prosecution under this section that: (1) the person was a law enforcement peace officer acting in the performance of his official duties; (2) the person was at a shooting range operated by an agency of the United States government, State of Texas, or a political subdivision of the state, or which is privately operated if approved by the police department; (3) the person was using blank cartridges for a show or theatrical production, or for signal or ceremonial purposes in athletics or sports, or by a military organization; or (4) the person was acting in a self-defense or justifiable or excusable homicide situation. (Ord. 14971)

Dallas City Code § 31-5 GLUE - USE, SALE, AND POSSESSION.

SEC. 31-5. GLUE - USE, SALE, AND POSSESSION. (a) In this section: (1) MODEL GLUE means glue or cement of the type commonly used in the building of model airplanes, boats, and automobiles, or a similar substance which contains one or more of the following volatile solvents: (A) Acetone (B) Amylacetate (C) Benzol or Benzene (D) Butyl acetate (E) Butyl alcohol (F) Carbon tetrachloride (G) Chloroform (H) Cyclohexanone (I) Ethanol or ethyl alcohol (J) Ethyl acetate (K) Hexane (L) Isopropanol or isopropyl alcohol (M) Isopropyl acetate (N) Methyl ‘cellosolve’ acetate (O) Methyl ethyl ketone (P) Methyl isobutyl ketone (Q) Toluol or toluene (R) Trichloroethylene (S) Tricresyl phosphate (T) Xylol or xylene (2) KIT means a collection of materials used for the construction of model airplanes, model boats, model automobiles, model trains, or other similar assemblage of construction materials. (b) A person commits an offense if: (1) he inhales or otherwise induces into his respiratory or circulatory system, the volatile vapors of “model glue” with the intent of becoming intoxicated, elated, dazed, paralyzed, irrational, or in any manner changing or distorting his eyesight, thinking process, judgment, balance, or coordination; (2) being a person under 18 years of age, he carries upon his person “model glue” unless it is being transported from the place of purchase to his place of residence or business or is a part of a “kit”; or (3) he knowingly or intentionally possesses, buys, sells or transfers “model glue” for the purpose of inducing or aiding another person to violate the provisions of this section. (c) A person shall not sell or otherwise transfer possession of “model glue” to a minor under the age of 18 years for any purpose, unless at the time of the sale or transfer of possession, the minor is accompanied by a parent or guardian, and the parent or guardian signs in the presence of the person making the sale or transfer, a written consent for the sale or transfer to the minor. (d) The person selling or transferring possession of “model glue” to a minor person under the age of 18 years shall make a written record showing the name, address, sex, and age of the minor, as well as the name and address of the consenting parent or guardian, which record must be kept available for inspection by the police for a period of at least 12 months from the date of sale or transfer. Separate records need not be kept if the seller or transferor retains the consent letter required in Subsection (c), if the letter contains all the information required by this subsection. (e) The seller or transferor shall provide the records required in Subsection (d) for inspection by any police officer acting in his official capacity requesting the records when the seller or transferor is normally open for business. (f) The person selling or offering for sale “model glue,” shall not display “model glue” on open shelves or counters in his business establishment in a manner which will make it accessible to customers or members of the public. (g) The provisions of Subsections (c) and (d) of this section do not apply if the “model glue” is sold, delivered, or given simultaneously with, and as part of, a “kit”. (Ord. 14971)

Dallas City Code § 31-6 OTHER SOLVENTS - USE, SALE, POSSESSION.

SEC. 31-6. OTHER SOLVENTS - USE, SALE, POSSESSION. (a) A person commits an offense if: (1) he inhales or otherwise induces into his respiratory or circulatory system, the volatile vapors of a substance which contains one or more of the following volatile solvents: (A) Acetone (B) Amylacetate (C) Benzol or Benzene (D) Butyl acetate (E) Butyl alcohol (F) Carbon tetrachloride (G) Chloroform (H) Cyclohexanone (I) Ethanol or ethyl alcohol (J) Ethyl acetate (K) Hexane (L) Isopropanol or isopropyl alcohol (M) Isopropyl acetate (N) Methyl “cellosolve” acetate (O) Methyl ethyl ketone (P) Methyl isobutyl ketone (Q) Toluol or toluene (R) Trichloroethylene (S) Tricresyl phosphate (T) Xylol or xylene with the intent of becoming intoxicated; elated; dazed; paralyzed; irrational; in any manner changing or distorting his eyesight, thinking process, judgment, balance, or coordination; or dulling the brain or nervous system; (2) he sells, offers for sale, delivers, or gives away to a person, any substance containing one or more of the volatile solvents listed in Subparagraph (1) of this section, when he knows or has reason to believe that the substance will be used for the purpose of inhalation to induce symptoms of intoxication; elation; paralysis; irrational behavior; to change or distort eyesight, thinking processes, judgment, balance, or coordination; or the dulling of the brain or nervous system; or (3) for the purposes of violating Subparagraph (1) of this section, he uses or possesses a substance containing one or more of the solvents listed in Subparagraph (1) of this section. (Ord. 14971)

Dallas City Code § 31-7 ICEBOX OR REFRIGERATOR - ABANDONMENT OR DANGEROUS EXPOSURE PROHIBITED.

SEC. 31-7. ICEBOX OR REFRIGERATOR - ABANDONMENT OR DANGEROUS EXPOSURE PROHIBITED. (a) In this section: (1) ABANDON means the throwing away of an icebox or refrigerator on vacant property, junk heaps, trash piles, or debris accumulations or any other act which at common law would constitute an abandonment of personal property. (2) DANGEROUS EXPOSURE means the placing of an icebox or refrigerator not in use as an icebox or refrigerator, in a garage, barn, outbuilding, porch, yard, lot, or other portion of premises where children at play may come upon it and be attracted to it. (b) A person commits an offense if he abandons or dangerously exposes or causes or permits to be abandoned or dangerously exposed an icebox or refrigerator, unless the latch or lock holding each door shut is dismantled or removed so that the door may be opened from within by simply pushing on it. (c) The owner of an abandoned or dangerously exposed icebox or refrigerator and the owner or occupant of the premises where an abandonment or dangerous exposure occurs, has the duty to remove the door or dismantle or remove the latch or lock holding the door shut on the icebox or refrigerator. (d) The abandonment or dangerous exposure of an icebox or refrigerator with its door, or doors, in normal latching or locking condition is hereby declared to be a public nuisance and a serious menace to life because of the danger of children entering such an icebox or refrigerator and becoming locked inside and suffocating, and it is the duty of any city employee upon observing an abandoned or dangerously exposed icebox or refrigerator to remove the door or to dismantle the latch or lock holding the door. (e) A person who violates this section is guilty of an offense and, upon conviction, is punishable by a fine of not more than $500 nor less than: (1) $200 for a first conviction of any violation of this section within any 24-month period; (2) $400 for the second conviction of the same offense within any 24-month period; and (3) $500 for the third and subsequent convictions of the same offense within any 24-month period. (Ord. 14971; 20599)

Dallas City Code § 31-8 KITES WITH METALLIC FRAMES PROHIBITED.

SEC. 31-8. KITES WITH METALLIC FRAMES PROHIBITED. (a) A person commits an offense if he: (1) sells, possesses for sale, offers for sale, or manufactures for sale, a kite with a metallic frame; or (2) flies a kite with a metallic frame within the city. (Ord. 14971)

Dallas City Code § 31-9 KITES AND MOORED BALLOONS PROHIBITED NEAR AIRPORTS.

SEC. 31-9. KITES AND MOORED BALLOONS PROHIBITED NEAR AIRPORTS. (a) In this section: (1) BALLOON means a lighter-than-air aircraft that is not engine driven. (2) KITE means a framework covered with paper, cloth, plastic metal, or other material intended to be flown at the end of rope, cable, wire, twine, or string and having as its only support the force of the wind moving past its surface and includes a gyro- glider attached by a towline to a vehicle on the surface of the earth. (3) MOORED BALLOON means a balloon that is secured by a rope, cable, wire, twine, or string to the surface of the earth or an object on the surface of the earth. (b) A person commits an offense if he: (1) operates a moored balloon having a diameter of less than six feet or a gas capacity of less than 115 cubic feet, or flies a kite weighing less than five pounds, in the airport approach, turning, or transition zone of Dallas Love Field or Dallas Executive Airport, as shown on the airport zoning maps (L-1 and R-1), which are incorporated into this section by reference and maintained on file in the office of the city secretary; (2) operates a moored balloon having a diameter of less than six feet or a gas capacity of less than 115 cubic feet, or flies a kite weighing less than five pounds, in the airport approach, turning, or transition zones of a private airport in the city; or (3) operates a moored balloon having a diameter of more than six feet or a gas capacity of more than 115 cubic feet, or flies a kite weighing more than five pounds, within the city in the following circumstances: (A) closer than 500 feet to the base of a cloud; (B) at an altitude of more than 500 feet above the surface of the earth; (C) from an area where the ground visibility is less than three miles; or (D) within five miles of the boundary of an airport within the city. (c) It is a defense to prosecution under Subparagraph (3) of Subsection (b) of this section if the operation of the moored balloon or kite is below the height and within 250 feet of a structure, if the operation does not obscure lighting on the structure. (d) The operation of a moored balloon or kite in violation of this section is an air navigation hazard and a nuisance in that it obstructs the air space required for the flight of aircraft or is hazardous to the landing or taking off of aircraft, and the chief of police may abate the operation. (Ord. Nos. 14971; 24859)

Dallas City Code § 31-10 ABATEMENT OF NUISANCES.

SEC. 31-10. ABATEMENT OF NUISANCES. Whenever a nuisance, as defined in an ordinance of the city, is ascertained to exist within the city, the city manager may order the owner or occupant of the premises on which the nuisance exists to abate or remove the nuisance within a specified time designated in the order, and if the order is not followed, the city manager may order the chief of police to abate and remove the nuisance. The expense incurred in abating and removing a nuisance shall be charged to the owner of the premises and will result in a lien on the real estate on which the nuisance existed, which may be levied as a special tax against the real estate. (Ord. 14971)

Dallas City Code § 31-11 NUISANCE - JUDGMENT IN MUNICIPAL COURT.

SEC. 31-11. NUISANCE - JUDGMENT IN MUNICIPAL COURT. Whenever a judgment is rendered in the municipal court against a person for violation of a city ordinance and the violation is defined as a nuisance, the person shall abate and remove the nuisance within 24 hours after judgment is rendered. If the person fails to abate the nuisance, the chief of police may abate and remove the nuisance. The expense incurred in abating and removing the nuisance will result in a lien on the real estate whereupon the nuisance existed, which may be levied as a special tax against the real estate. (Ord. 14971)

Dallas City Code § 31-12 LIMITED HOURS OF CERTAIN COIN-OPERATED DEVICES.

SEC. 31-12. LIMITED HOURS OF CERTAIN COIN-OPERATED DEVICES. (a) A person commits an offense if, as owner, exhibitor, lessee, or employee of the owner, exhibitor, or lessee of a coin-operated amusement device located within 500 feet of a public or private elementary or secondary school, he permits a person under the age of 17 years to operate the coin-operated amusement device between the hours of 9 a.m. and 4 p.m. on days during the fall or spring term when students are required to attend school in the school district in which the device is located. (b) For the purposes of this section COIN-OPERATED AMUSEMENT DEVICE has the meaning ascribed to it in Section 6A-1 of this code. (c) The owner, exhibitor, or lessee of a coin- operated amusement device located within 500 feet of a public or private elementary or secondary school shall place a sign on the device that reads, “Play by Persons Under 17 Not Allowed during School Hours.” (d) For purposes of this section measurements shall be made in a straight line without regard to intervening structures or objects, from the nearest entry door in the portion of a building where the coin- operated amusement device is located to the nearest entry door of the school. (e) A person violating Subsection (a) of this section is deemed to be maintaining a public nuisance and a police officer of the city who observes the violation shall seize all the coin-operated amusement devices in the establishment and upon conviction of the person for violation of Subsection (a), the city shall dispose of the devices in the manner provided by law. (Ord. Nos. 14971; 16585)

Dallas City Code § 31-13 SLEEPING IN A PUBLIC PLACE.

SEC. 31-13. SLEEPING IN A PUBLIC PLACE. (a) A person commits an offense if he: (1) sleeps or dozes in a street, alley, park, or other public place; or (2) sleeps or dozes in a vacant lot adjoining a public street or highway. (b) It is a defense to prosecution under Subparagraph (2) of this section if the person owns the vacant lot or has the consent of the owner to sleep or doze on the vacant lot. (Ord. 14971)

Dallas City Code § 31-13.1 PROHIBITION ON THE UNAUTHORIZED PLACEMENT, ERECTION, OR MAINTENANCE OF TEMPORARY SHELTERS ON DESIGNATED PUBLIC PROPERTY.

SEC. 31-13.1. PROHIBITION ON THE UNAUTHORIZED PLACEMENT, ERECTION, OR MAINTENANCE OF TEMPORARY SHELTERS ON DESIGNATED PUBLIC PROPERTY. (a) In this section: (1) DESIGNATED PUBLIC PROPERTY means any of the following: (A) Any parks, grounds, buildings, facilities, or rights-of-way under the jurisdiction, management, or control of the city’s park and recreation board. (B) Any of the following properties, grounds, buildings, facilities, or rights-of-way owned, leased, or controlled by the city: (i) The Dallas city hall and the city hall plaza, as defined in Section 31-37 of the Dallas City Code, as amended. (ii) The Dallas convention center and the convention center grounds, as defined in Section 31-37 of the Dallas City Code, as amended. (iii) The J. Erik Jonsson central library and the central library grounds, as defined in Section 31-37 of the Dallas City Code, as amended. (C) Any vacant and unimproved lots owned, leased, or controlled by the city. (2) TEMPORARY SHELTER means any tent or other type of portable or impermanent structure, whether manufactured or makeshift, in or under which a person can be sheltered or partially sheltered from the elements. (b) A person commits an offense if the person places, erects, or maintains a temporary shelter in or upon any designated public property. (c) It is a defense to prosecution under Subsection (b) of this section that the placement, erection, or maintenance of the temporary shelter by the person on the designated public property was expressly authorized by: (1) an ordinance or resolution of the city council; (2) a special event permit issued under Chapter 42A of the Dallas City Code or another license or permit granted by the city; (3) a contract with the city; or (4) if the designated public property is under the jurisdiction, management, or control of the city’s park and recreation board, a permit or other written authorization granted by the board or by the director of the park and recreation department. (d) A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. (e) Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s reason for placing, erecting, or maintaining a temporary shelter on the designated public property. The police officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection (c) is present. Before issuing a citation or making an arrest, the police officer shall give the person an oral or written warning that: (1) requests the person to cease the placement, erection, or maintenance of the temporary shelter and to completely remove the temporary shelter and all personal belongings from the designated public property within one hour after issuance of the warning; and (2) states that failure to comply with the warning may result in the citation or arrest of the person and the removal by the city of the temporary shelter and any personal belongings remaining on the designated public property. (f) Reserved. (Ord. Nos. 29070; 33224)

Dallas City Code § 31-14 ENTERING PORTIONS OF BUILDINGS WITHOUT CONSENT.

SEC. 31-14. ENTERING PORTIONS OF BUILDINGS WITHOUT CONSENT. (a) In this section: (1) BUILDING means an enclosed structure to which the public or a substantial group of the public has access; (2) CONSPICUOUSLY MARKED means a sign posted to be reasonably likely to come to the attention of anyone approaching an entrance to a portion of a building; (3) OWNER means a person who has title to a building or a leasehold interest in the building, or someone with apparent authority to act for a person who has title or a leasehold interest. (b) A person commits an offense if he enters a portion of a building without consent of the owner if the portion of the building entered is conspicuously marked to give notice that: (1) entry is restricted to a specific class of persons of which the actor is not a member; or (2) entry is prohibited to the public. (Ord. Nos. 14971; 15084)

Dallas City Code § 31-14.1 ENTERING MOTOR VEHICLES WITHOUT CONSENT.

SEC. 31-14.1. ENTERING MOTOR VEHICLES WITHOUT CONSENT. (a) In this section: (1) MOTOR VEHICLE has the meaning assigned to it by the state vehicle laws; (2) OWNER means the person who has title to the motor vehicle or the person who is operating or in control of the motor vehicle with the consent of the title holder. (b) A person commits an offense if he enters any portion of a motor vehicle without the consent of the owner. (c) It is a defense to prosecution under Subsection (b) that the person who entered the motor vehicle was: (1) a law enforcement officer or was acting under the direction of a law enforcement officer; or (2) operating pursuant to a vehicle tow service license or a vehicle storage facility license issued under Chapter 48A of this code and was in the process of removing an illegally parked or unauthorized vehicle from private property or storing an illegally parked or unauthorized vehicle that was removed from private property. (Ord. Nos. 16617; 19099)

Dallas City Code § 31-15 SOLICITATION IN CERTAIN BUILDINGS WITHOUT CONSENT.

SEC. 31-15. SOLICITATION IN CERTAIN BUILDINGS WITHOUT CONSENT. A person commits an offense if he: (1) solicits customers or patronage for himself or on behalf of another or distributes advertising matter, upon the premises of a hotel, private office building, or public building in the city without first having obtained written consent from the owner, lessee, managing agent, or person in charge of the operation of the hotel, private office building, or public building; or (2) solicits, seeks, or begs contributions for himself or on behalf of another upon the premises of a hotel, private office building, or public building in the city without first having obtained written consent from the owner, lessee, managing agent, or person in charge of the operation of the hotel, private office building, or public building. (Ord. 14971)

Dallas City Code § 31-16 REPLICA FIREARMS.

SEC. 31-16. REPLICA FIREARMS. (a) In this section: (1) AIR SOFT GUN means a spring- operated, gas-operated, or battery-powered replica firearm made of hard plastic or light metal that fires plastic or other nonmetallic projectiles. (2) FIREARM means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance, or any device readily convertible to that use. (3) ICE CREAM VENDING TRUCK OR PUSHCART means any vehicle from which ice cream or other frozen desserts are sold or offered for sale. (4) PAINTBALL GUN means a replica firearm that is powered by compressed gas (carbon dioxide, nitrogen, or ordinary air) and fires dye-filled gelatinous capsules. (5) PUBLIC PLACE means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (6) REPLICA FIREARM means any device or object that is a toy version or facsimile of, or is reasonably likely to be perceived as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or other firearm, and includes but is not limited to a starter pistol, BB gun, pellet gun, air soft gun, paintball gun, or air rifle. (b) A person commits an offense if he recklessly displays or brandishes a replica firearm in a manner or under circumstances that cause another person to: (1) reasonably believe that the replica firearm is actually an operable firearm; and (2) fear imminent bodily injury from a firearm. (c) It is defense to prosecution under Subsection (b) that the person displaying or brandishing the replica firearm did so in self defense. (d) A person commits an offense if he displays or brandishes a replica firearm in any public place within the city. (e) It is a defense to prosecution under Subsection (d) that the replica firearm was: (1) a non-firing collector replica firearm modeled on a real firearm and not intended for use as a toy; or (2) a decorative, ornamental, or miniature object having the appearance, shape, or configuration of a firearm and measuring not more than 38 millimeters in height and 70 millimeters in length (excluding any gun stock length measurement), including, but not limited to, an object intended to be displayed on a desk, worn on a bracelet or necklace, or attached to a keychain; or (3) being displayed or brandished at a lawfully-operated, contained location designated for games, events, and activities that involve replica firearms such as, but not limited to, paintball guns and air soft guns; or (4) being displayed at a lawfully-operated business establishment authorized to sell merchandise, including replica firearms; or (5) being displayed or brandished as part of an event, performance, demonstration, or ceremony authorized by the city or sponsored and conducted by a subdivision of any federal, state, or local government; or (6) being displayed or brandished in the production of a television program, a theatrical presentation, or a motion picture or other filming event in the city and written permission was obtained from the city to use the replica firearm in the production; or (7) being displayed or brandished in a historical reenactment, military event, or other special event in the city requiring the use of a replica firearm and written permission was obtained from the city to use the replica firearm in the event; or (8) being displayed or brandished for the purpose of protecting persons or property as authorized under Chapter 9 of the Texas Penal Code; or (9) being displayed or brandished by a law enforcement officer or other government employee or official while acting in the performance of official duties. (f) A person commits an offense if he: (1) removes or obscures: (A) the blaze orange tip required to be on a replica firearm under Title 15, Section 5001 of the United States Code; or (B) any other colors or markings required to be on a replica firearm under city ordinance or federal or state law; or (2) possesses a replica firearm on which the blaze orange tip required by Title 15, Section 5001 of the United States Code or any other colors or markings required by city ordinance or state or federal law have been removed or obscured. (g) A person commits an offense if he, either personally or through an employee or agent, sells or offers for sale a replica firearm from an ice cream vending truck or pushcart. (h) The owner, operator, or person in control of an ice cream vending truck or pushcart commits an offense if a replica firearm is present in or on the truck or pushcart while it is in the city. (i) A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. (Ord. Nos. 19855; 26761)

Dallas City Code § 31-17 SPECIFIED SEX OFFENDERS NEAR SCHOOLS AND CHILD-CARE FACILITIES.

SEC. 31-17. SPECIFIED SEX OFFENDERS NEAR SCHOOLS AND CHILD-CARE FACILITIES. (a) In this section: (1) CHILD-CARE FACILITY has the meaning given that term in Section 51A-4.204(3)(A) of the Dallas Development Code, as amended. (2) CONTINUAL PATTERN OF UNAUTHORIZED ENTRY means that, on at least two occasions within the preceding 12-month period, the specified sex offender came onto the premises of any school or child-care facility or onto a street, sidewalk, or other public way adjacent to the premises of any school or child-care facility and was asked to leave by a person in authority. (3) PERSON IN AUTHORITY means the chief administrative officer of the school or child-care facility, the chief administrative officer’s authorized agent, or a peace officer. (4) SCHOOL means any public or private school that has a curriculum for kindergarten, elementary, or secondary education and that exists apart from a child’s home. (5) SPECIFIED SEX OFFENDER means any person required to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure, as amended, for a reportable conviction or adjudication of any of the following violations: (A) Continuous sexual abuse of a young child or children, as described in Section 21.02 of the Texas Penal Code, as amended. (B) Indecency with a child, as described in Section 21.11 of the Texas Penal Code, as amended. (C) Sexual assault of a child, as described in Section 22.011 of the Texas Penal Code, as amended. (D) Aggravated sexual assault of a child, as described in Section 22.021 of the Texas Penal Code, as amended. (E) Online solicitation of a minor, as described in Section 33.021 of the Texas Penal Code, as amended. (F) Sexual performance by a child, as described in Section 43.25 of the Texas Penal Code, as amended. (G) Possession or promotion of child pornography, as described in Section 43.26 of the Texas Penal Code, as amended. (H) Any other violation listed in Article 62.001(5) of the Texas Code of Criminal Procedure, as amended, involving a victim younger than 17 years of age. (I) A violation of the laws of another state, federal law, laws of a foreign country, or the Uniform Code of Military Justice if the violation contained elements substantially similar to the elements of the violations described in Subparagraphs (A) through (H) of this paragraph. (b) A person commits an offense if the person is a specified sex offender and: (1) remains on any part of the premises of a school or child-care facility or on any street, sidewalk, or other public way adjacent to any part of the premises of a school or child-care facility after being asked to leave by a person in authority; (2) reenters onto any part of the premises of a school or child-care facility or onto any street, sidewalk, or other public way adjacent to any part of the premises of a school or child-care facility within seven days of being asked to leave by a person in authority; or (3) has established a continual pattern of unauthorized entry onto the premises of any school or child-care facility or onto a street, sidewalk, or other public way adjacent to the premises of any school or child-care facility. (c) It is a defense to prosecution under Subsection (b) that the person: (1) was the parent or guardian of a child attending the school or child-care facility, unless a court of competent jurisdiction has issued an order restricting the person’s access to or presence near the child; (2) was at the time of the offense enrolled in and attending the school as a student; (3) had prior written permission from the chief administrative officer of the school or child-care facility to be present, at the time of the offense, on the premises or on the street, sidewalk, or other public way adjacent to the premises; or (4) was in active transit in a motor vehicle on a public street that was a direct route between two locations at which the person had legitimate business. (d) A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. (Ord. Nos. 22355; 28065)

Dallas City Code § 31-17.1 RESTRICTIONS ON SEX OFFENDERS RESIDING IN THE SAME DWELLING UNIT.

SEC. 31-17.1. RESTRICTIONS ON SEX OFFENDERS RESIDING IN THE SAME DWELLING UNIT. (a) In this section: (1) DWELLING means a structure or building occupied as a residence. (2) DWELLING UNIT means one or more rooms in a single-family, duplex, townhouse, or multifamily dwelling that: (A) are designed to be a single housekeeping unit to accommodate one family; and (B) contain one or more kitchens, one or more bathrooms, and one or more bedrooms. (3) MULTIFAMILY DWELLING means a multifamily use as defined in Section 51A-4.209(b)(5) of the Dallas Development Code, as amended. (4) REGISTERED SEX OFFENDER means any person registered or required to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure, as amended. (b) A person who is a registered sex offender commits an offense if the person resides, either temporarily or permanently, in the same dwelling unit with another registered sex offender. (c) The owner, operator, or person in control of a dwelling unit commits an offense if he or she, either personally or through an employee or agent, allows a registered sex offender to reside, either temporarily or permanently, in the dwelling unit with another registered sex offender. (d) It is a defense to prosecution under Subsection (b) or (c) that: (1) all registered sex offenders residing in the dwelling unit were related to each other by one or any combination of the following: (A) blood; (B) marriage; (C) adoption; or (D) foster care under a placement program authorized by the Texas Department of Family and Protective Services pursuant to Chapter 264, Subchapter B of the Texas Family Code, as amended; (2) the violation for which the sex offender was required to register was the only sex crime on the sex offender’s record and, at the time of that violation, the victim in the case was: (A) between 14 and 17 years of age; (B) a willing participant in the sexual activity; and (C) not more than four years younger than the registered sex offender; or (3) the dwelling unit was a lawfully established and lawfully operating: (A) halfway house, as defined in Section 51-4.204(5) or 51A-4.204(13) of the Dallas Development Code, as amended; (B) overnight general purpose shelter, as defined in Section 51A-4.205(2.1) of the Dallas Development Code, as amended; (C) homeless assistance center, as defined and authorized in Section 51P-357.108 of the Dallas Development Code, as amended; or (D) institute for special education that holds a valid certificate of occupancy specifically for that use and that operates a program approved by the State of Texas for the housing, rehabilitation, and training of criminal offenders. (e) A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. (Ord. 28065)

Dallas City Code § 31-18 URINATING OR DEFECATING IN PUBLIC.

SEC. 31-18. URINATING OR DEFECATING IN PUBLIC. (a) A person commits an offense if he urinates or defecates: (1) in or on a public street, alley, sidewalk, yard, park, building, structure, plaza, public or utility right-of-way, or other public place; or (2) in public view. (b) It is a defense to prosecution under this section if the person was in a restroom. (Ord. 14971)

Dallas City Code § 31-19 SOLICITATION FOR SODOMY - NOT FOR HIRE.

SEC. 31-19. SOLICITATION FOR SODOMY - NOT FOR HIRE. (a) In this section SODOMY means any contact between the genitals of one person and the mouth or anus of another person. (b) A person commits an offense if he solicits another in a public place to engage with him in sodomy not for hire. (c) A person violating a provision of this section is guilty of an offense and, upon conviction, will be punished by a fine of not less than $100 and not more than $500. (Ord. Nos. 14971; 19963)

Dallas City Code § 31-20 SOLICITATION FOR OBSCENE CONDUCT - NOT FOR HIRE.

SEC. 31-20. SOLICITATION FOR OBSCENE CONDUCT - NOT FOR HIRE. (a) In this section OBSCENE CONDUCT means the touching or displaying of the anus or any part of the genitals of another person or the breast of a female 10 years or older. (b) A person commits an offense if he solicits another person in a public place to engage with him in obscene conduct not for hire. (c) A person violating a provision of this section is guilty of an offense and, upon conviction, will be punished by a fine of not less than $100 and not more than $500. (Ord. Nos. 14971; 15208; 19963)

Dallas City Code § 31-21 SOLICITATION IN FOOD AND DRINK ESTABLISHMENT.

SEC. 31-21. SOLICITATION IN FOOD AND DRINK ESTABLISHMENT. (a) In this section ESTABLISHMENT means a hotel, motel, night club, cabaret, bar, lounge, tavern, coffee house, theater, arcade, restaurant, café, cafeteria, sandwich shop, lunch counter, dining room, or other place of public accommodation, amusement, recreation, or entertainment not subject to the provisions of the Texas Liquor Control Act. (b) A person commits an offense if while on the premises of an establishment which sells or offers for sale food or beverages for consumption on the premises: (1) as the owner, corporate officer, operator, manager, agent, servant, or employee of the establishment he solicits a person to buy food or a beverage for consumption on the premises by an owner, corporate officer, operator, manager, or employee of the establishment; or (2) as owner, corporate officer, operator, manager, or other person having control of the establishment, he intentionally or knowingly permits an employee of the establishment to solicit a person to buy food or a beverage for consumption on the premises by an owner, corporate officer, operator, manager, or employee of the establishment. (c) A person violating a provision of this section is guilty of an offense and, upon conviction, will be punished by a fine not less than $100 and not more than $500. (Ord. Nos. 14971; 15573; 19963)

Dallas City Code § 31-22 REGULATIONS FOR PUBLIC SPEECHES IN STONE PLACE, FOUR-WAY PLACE AND BULLINGTON STREET MALL.

SEC. 31-22. REGULATIONS FOR PUBLIC SPEECHES IN STONE PLACE, FOUR-WAY PLACE AND BULLINGTON STREET MALL. (a) In this section LEGAL HOLIDAY means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. (b) A person commits an offense if he: (1) uses a portion of Stone Place, Four-Way Place or the Bullington Street Mall for the purpose of a demonstration, entertainment, or speech between the hours of 7:00 a.m. and 7:00 p.m. on any day except Sunday and legal holidays, without first obtaining a permit from the chief of police; (2) uses an area outside of, but within 100 feet of, an entrance to Stone Place, Four-Way Place or the Bullington Street Mall for the purpose of a demonstration, entertainment, or speech, between the hours of 7:00 a.m. and 7:00 p.m. of any day except Sunday and legal holidays; or (3) while using Stone Place, Four-Way Place, or the Bullington Street Mall, for the purpose of a demonstration, entertainment, or speech creates a sound pressure level equal to or in excess of the following decibel limits specified in the designated octave bands: Octave Band | 37 | 75 | 150 | 300 | 600 | 1200 | 2400 | 4800 | A (cps) | 75 | 150 | 300 | 600 | 1200 | 2400 | 4800 | 9600 | Scale Decibel Band Limit (db re 0.0002 Micro-bar) | 80 | 68 | 61 | 55 | 51 | 48 | 45 | 43 | 56 NOTE: A Scale levels are provided for monitoring purposes only. Noise measurements are made in the same manner as provided in the Environmental Performance Standards of the Dallas Development Code. (c) The chief of police is authorized to issue permits for demonstrations, entertainment, or speeches in Stone Place, Four-Way Place, or the Bullington Street Mall when application is made in writing. The permit will state the date and time of use and the purpose and manner of use, and a permittee shall act in accordance with the provisions of the permit. (d) The chief of police shall limit permits issued to the following periods: Period A - from 7:00 a.m. to 9:00 a.m. Period B - from 9:00 a.m. to 11:00 a.m. Period C - from 1:00 p.m. to 3:00 p.m. Period D - from 3:00 p.m. to 5:00 p.m. Period E - from 5:00 p.m. to 7:00 p.m. The chief of police shall issue a permit for only one time period per day to each person or organization applying and shall issue the permit for a particular time and designated location, i.e. Stone Place, Four-Way Place, or the Bullington Street Mall, to the first applicant making proper application for that time and location. No permit may be issued for the period of time between 11:00 a.m. and 1:00 p.m. (e) The chief of police shall issue only one permit for each location during a single time period. (f) If a permittee commits an offense under this section or violates a provision of the permit, the chief of police shall revoke the permit. If the chief of police denies or revokes a permit, the appeal procedure described in Section 28-192 of this code applies. (g) A permit issued pursuant to this section does not authorize a person to obstruct or cause obstruction of a sidewalk, entrance, or exit to which the public has access nor does it authorize the violation of other provisions of this code. (Ord. Nos. 14971; 15472; 19455)

Dallas City Code § 31-22.1 REGULATIONS FOR PUBLIC SPEECHES IN PUBLIC AREAS SURROUNDING THANKSGIVING SQUARE.

SEC. 31-22.1. REGULATIONS FOR PUBLIC SPEECHES IN PUBLIC AREAS SURROUNDING THANKSGIVING SQUARE. (a) In this section PUBLIC AREA SURROUNDING THANKSGIVING SQUARE (sometimes referred to as Thanks-Giving Square Surrounding Area) means the public streets and sidewalks between the private property lines of Block 476 of the city and the boundary lines of private property opposite Block 476 on Bryan Street (Blocks 233 and 237), Ervay Street (Block 477), and Pacific Avenue (Block 75). The land within the boundaries of Thanks-Giving Square situated on Block 476 is private property. (b) A person commits an offense if he: (1) uses a portion of the public area surrounding Thanks-Giving Square for the purpose of a demonstration, entertainment, or speech between the hours of 7:00 a.m. and 9:00 p.m. on any day, without first obtaining a permit from the chief of police; or (2) while using the public area surrounding Thanks-Giving Square for the purpose of a demonstration, entertainment, or speech creates a sound pressure level equal to or in excess of the following decibel limits specified in the designated octave bands: Octave Band | 37 | 75 | 150 | 300 | 600 | 1200 | 2400 | 4800 | A (cps) | 75 | 150 | 300 | 600 | 1200 | 2400 | 4800 | 9600 | Scale Decibel Band Limit (db re 0.0002 Micro-bar) | 80 | 68 | 61 | 55 | 51 | 48 | 45 | 43 | 56 NOTE: A Scale levels are provided for monitoring purposes only. Noise measurements are made in the same manner as provided in the Environmental Performance Standards of the Dallas Development Code. (c) The chief of police is authorized to issue permits for demonstrations, entertainment, or speeches in the public area surrounding Thanks-Giving Square when application is made in writing. The permit will state the date and time of use and the purpose and manner of use, and a permittee shall act in accordance with the provisions of the permit. (d) The chief of police shall limit permits issued to the following periods: Period A - from 7:00 a.m. to 9:00 a.m. Period B - from 9:00 a.m. to 11:00 a.m. Period C - from 1:00 p.m. to 3:00 p.m. Period D - from 3:00 p.m. to 5:00 p.m. Period E - from 5:00 p.m. to 7:00 p.m. Period F - from 7:00 p.m. to 9:00 p.m. The chief of police shall issue a permit for only one time period per day to each person or organization applying and shall issue the permit for a particular time to the first applicant making proper application for that time. No permit may be issued for the period of time between 11:00 a.m. and 1:00 p.m. (e) The chief of police shall issue only one permit during a single time period. The chief of police shall inquire about activities planned to take place on Thanks-Giving Square and shall take care not to issue a permit for an activity that will conflict with an activity planned on the square. (f) If a permittee commits an offense under this section or violates a provision of the permit, the chief of police shall revoke the permit. If the chief of police denies or revokes a permit, the appeal procedure described in Section 28-192 of this code applies. (g) A permit issued pursuant to this section does not authorize a person to obstruct or cause obstruction of a sidewalk, entrance, or exit to which the public has access nor does it authorize the violation of other provisions of this code. (Ord. Nos. 15472; 19455)

Dallas City Code § 31-23 UNAUTHORIZED USE OF CITY SEAL OR OTHER INSIGNIA.

SEC. 31-23. UNAUTHORIZED USE OF CITY SEAL OR OTHER INSIGNIA. A person commits an offense if he uses the official flag, seal, shield, service mark, badge, or other insignia of the city or a department of the city or a facsimile of the flag, seal, shield, service mark, badge, or other insignia of the city or a department of the city: (1) for a commercial purpose; or (2) to signify sponsorship or approval by an agency or department of the city; without first obtaining express written authorization from the city manager. (Ord 14971)

Dallas City Code § 31-25 PROHIBITING RELEASE OF RATS; DEFENSES.

SEC. 31-25. PROHIBITING RELEASE OF RATS; DEFENSES. (a) A person commits an offense if he: (1) possesses a live rat in captivity; or (2) releases a live rat from captivity. (b) It is a defense to prosecution under Subsection (a)(1) that: (1) the actor possessed the live rat for the purpose of bona fide scientific experimentation; or (2) the rat is trained and kept as a pet. (Ord. 15234)

Dallas City Code § 31-27 MANIFESTING THE PURPOSE OF ENGAGING IN PROSTITUTION.

SEC. 31-27. MANIFESTING THE PURPOSE OF ENGAGING IN PROSTITUTION. (a) In this section: (1) KNOWN PROSTITUTE OR PANDERER means a person who, within one year previous to the date of arrest for violation of this section, has, within the knowledge of the arresting officer, been convicted of prostitution, promotion of prostitution, or compelling prostitution, or declared himself or herself to be a prostitute or panderer or available for the act of prostitution. (2) PROSTITUTION has the meaning given that term in the Texas Penal Code. (3) PUBLIC PLACE has the meaning given that term in the Texas Penal Code. (4) A LOCATION FREQUENTED BY PERSONS WHO ENGAGE IN PROSTITUTION OR SOLICITATION OF PROSTITUTION means a geographic area identified by the Dallas Police Department as having an elevated risk for prostitution-related activity. (b) A person commits an offense if the person, while in a public place, manifests the purpose and intent of inducing, enticing, soliciting, or procuring another to commit an act of prostitution. (c) The following factors must be considered when determining whether a person has manifested the purpose and intent of inducing, enticing, soliciting, or procuring another to commit an act of prostitution: (1) that the person is a known prostitute or panderer or is in a location frequented by persons who engage in prostitution or solicitation of prostitution; and (2) either: (A) repeatedly beckons to, stops or attempts to stop, or engages passers-by in conversation; (B) repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms, or any other bodily gesture; or (C) repeatedly interferes with the free passage of other persons. (d) A peace officer may not arrest a person for a violation of this section unless the officer has given the person an opportunity to explain the person’s conduct. (e) It is an affirmative defense to prosecution under this section if the explanation given the arresting officer under Subsection (d) is true and discloses a lawful purpose. (Ord. 15247; 32574)

Dallas City Code § 31-28 FAILURE TO DISCLOSE REPRESENTATION.

SEC. 31-28. FAILURE TO DISCLOSE REPRESENTATION. (a) A person commits an offense if, for compensation, he represents the interest of another by personal appearance before the city council or any board or commission of the city, and fails to disclose the fact of such representation and the name or names of the person or persons so represented. (b) In this section: (1) PERSON means an individual, committee, club, or other organization, or a group of persons who are voluntarily acting in concert. (2) COMPENSATION means money, service, facility, or thing of value or financial benefit which is received or to be received in return for or in connection with services rendered or to be rendered. (Ord. 15597)

Dallas City Code § 31-29 DIALING 9-1-1 WHEN NO EMERGENCY EXISTS.

SEC. 31-29. DIALING 9-1-1 WHEN NO EMERGENCY EXISTS. (a) A person commits an offense if he knowingly dials a 9-1-1 emergency telephone number when no emergency exists. (b) A person is presumed to have dialed a 9-1-1 emergency telephone number if the telephone from which the number is dialed is listed in his name with the local telephone company. (Ord. 19889)

Dallas City Code § 31-30 MANIFESTING THE PURPOSE OF SELLING ILLEGAL DRUGS AND CHEMICALS.

SEC. 31-30. MANIFESTING THE PURPOSE OF SELLING ILLEGAL DRUGS AND CHEMICALS. (a) A person commits an offense if he loiters in a public place in a manner and under circumstances manifesting the purpose of selling any illegal controlled substance, dangerous drug, simulated controlled substance, or volatile chemical. Among the circumstances that may be considered in determining whether such a purpose is manifested are: (1) the person is a known drug dealer; (2) the person is at a location frequented by persons who use, possess, or sell drugs; (3) the person repeatedly engages in conversation with passers-by, whether on foot or in a vehicle; or (4) the person repeatedly passes to or receives from passers-by, whether on foot or in a vehicle, money, objects, or written material. (b) No arrest shall be made for a violation of Subsection (a) unless the arresting officer first affords the person an opportunity to explain his conduct, and no one shall be convicted of violating Subsection (a) if it appears at trial that the explanation given was true and disclosed a lawful purpose. (c) For the purpose of this section, a “known drug dealer” is a person who, within one year previous to the date of arrest for violation of this section, has within the knowledge of the arresting officer been convicted of the manufacture, sale, or delivery of any illegal controlled substance, dangerous drug, simulated controlled substance, or volatile chemical. (Ord. Nos. 20052; 20076)

Dallas City Code § 31-31 PROHIBITING FREE DISTRIBUTION OF TOBACCO PRODUCTS IN PUBLIC PLACES.

SEC. 31-31. PROHIBITING FREE DISTRIBUTION OF TOBACCO PRODUCTS IN PUBLIC PLACES. A person commits an offense if, for any commercial purpose, he distributes any cigarette or other tobacco or smoking product free to any person in or on any public street, sidewalk, park, playground, building, or other public place. (Ord. 20781)

Dallas City Code § 31-32 SOLICITATION TO PURCHASE A PROHIBITED SUBSTANCE.

SEC. 31-32. SOLICITATION TO PURCHASE A PROHIBITED SUBSTANCE. (a) In this section: (1) CONTROLLED SUBSTANCE has the same meaning ascribed to the term by Section 481.002 of the Texas Health and Safety Code, as amended. (2) CONTROLLED SUBSTANCE ANALOGUE has the same meaning ascribed to the term by Section 481.002 of the Texas Health and Safety Code, as amended. (3) DANGEROUS DRUG has the same meaning ascribed to the term by Section 483.001 of the Texas Health and Safety Code, as amended. (4) PROHIBITED SUBSTANCE means a controlled substance, controlled substance analogue, dangerous drug, volatile chemical, or any combination of those substances. (5) VOLATILE CHEMICAL means any chemical or isomar of a chemical listed in Section 484.002 of the Texas Health and Safety Code, as amended. (b) A person commits an offense if, with intent to acquire a prohibited substance, he requests, commands, or attempts to induce another to sell, donate, or otherwise transfer or deliver a prohibited substance to the person. (c) A person may not be convicted under this section unless: (1) the testimony of the person allegedly solicited is corroborated; and (2) the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the person’s intent that the other person act on the solicitation. (d) It is no defense to prosecution under this section that: (1) no monetary or other consideration was tendered to the person solicited; or (2) the person solicited was unable or unwilling to transfer or deliver a prohibited substance. (e) It is an affirmative defense to any prosecution under this section that the solicitation was made: (1) in furtherance of a transaction that would not constitute a violation of any applicable law; or (2) by a peace officer, federal law enforcement officer, or other law enforcement agent acting in the lawful discharge of an official duty. (f) An offense under this section is punishable by a fine of not less than $100 nor more than $2,000. (g) Any conduct proscribed under this section that is also an offense under state law shall not be prosecuted under this section, but shall be prosecuted pursuant to, and punishable as provided by, the applicable state law. An offense under this section is not a lesser included offense under Chapter 481, 483, or 484 of the Texas Health and Safety Code. (Ord. 20795)

Dallas City Code § 31-32.1 ILLEGAL SMOKING PRODUCTS AND RELATED PARAPHERNALIA PROHIBITED.

SEC. 31-32.1. ILLEGAL SMOKING PRODUCTS AND RELATED PARAPHERNALIA PROHIBITED. (a) In this section: (1) ILLEGAL SMOKING PARAPHERNALIA means any equipment, device, or utensil that is used or intended to be used in ingesting, inhaling, or otherwise introducing into the human body an illegal smoking product, which paraphernalia includes but is not limited to: (A) a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (B) a water pipe; (C) a carburetion tube or device; (D) a smoking or carburetion mask; (E) a chamber pipe; (F) a carburetor pipe; (G) an electric pipe; (H) an air-driven pipe; (I) a chillum; (J) a bong; or (K) an ice pipe or chiller. (2) ILLEGAL SMOKING PRODUCT means any substance, however labeled and regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following chemicals: (A) Salvia divinorum, including: (i) all parts of the plant, whether growing or not; (ii) the seeds of the plant; (iii) any extract from any part of the plant; and (iv) any compound, salt, derivative, mixture, or preparation of the plant, its seeds, or its extracts, including Salvinorin A; (B) 2-[(1R,3S)-3-hydroxycyclo-hexyl]-5- (2-methyloctan-2-yl)phenol (also known as CP47, 497) and homologues; (C) [(6aS,10aS)-9-(hydroxy-methyl)-6,6- dimethyl-3-(2-methyloctan-2-yl)-6a, 7,10,10a- tetrahydrobenzo[c]chromen-1-ol] (also known as HU- 211 or Dexanabinol); (D) 1-pentyl-3-(1-napthoyl)indole (also known as JWH-018); (E) 1-butyl-3-(1-napthoyl)indole (also known as JWH-073); or (F) 1-pentyl-3-(4-methoxynaph- tholy)indole (also known as JWH-081). (b) A person commits an offense if, in the city, he: (1) possesses, buys, sells, offers for sale, delivers, or transfers any illegal smoking product; (2) causes any illegal smoking product to be sold, delivered, or transferred to another person; (3) uses, inhales, ingests, or otherwise introduces into his body any illegal smoking product; or (4) uses or possesses with the intent to use any illegal smoking paraphernalia to inhale, ingest, or otherwise introduce into his body any illegal smoking product. (c) It is a defense to prosecution under this section that an illegal smoking product or illegal smoking paraphernalia was: (1) in the possession of a peace officer, or a person acting under the authority of a peace officer, acting in the performance of official duties; (2) in the possession of or being used by a governmental entity for a health, research, education, or similar program; (3) in the possession of or being used by a medical, educational, or research institute operating in compliance with all applicable city ordinances and state and federal laws; (4) possessed or used by a person under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances in the State of Texas; or (5) possessed or used by a person as part of a bona fide religious ritual or ceremony. (d) A person violating a provision of this section is, upon conviction, punishable by a fine not to exceed $2,000. A person commits a separate offense for each day or part of a day during which a violation is committed, continued, or permitted. (e) The culpable mental state required for the commission of an offense under this section is governed by Section 1-5.1 of this code. (Ord. 27960)

Dallas City Code § 31-34 PICKETING IN RESIDENTIAL AREAS.

SEC. 31-34. PICKETING IN RESIDENTIAL AREAS. (a) In this section: (1) DIRECTED OR FOCUSED AT means that a particular residence or any of its occupants has been made the object of picketing. (2) PICKET means to station or post one or more persons to apprise the public vocally or by standing or marching with signs, banners, or other means, of an opinion or a message. (3) RESIDENCE means a single-family, duplex, or multi-family dwelling. (b) A person commits an offense if he pickets within the city on any public street, sidewalk, alley, or other public property within 200 feet of the property line of the premises of a residence when the picketing is directed or focused at that particular residence or any of its occupants. (c) Before a person may be arrested or issued a citation for a violation of Subsection (b), the person must have been ordered to move, disperse, or otherwise remedy the violation by: (1) a peace officer; (2) a member of the fire department; (3) a person with authority to control the use of the residence being picketed; or (4) any other person directly affected by the violation. (d) It is a defense to prosecution under Subsection (b) that the person: (1) was not given an order as required by Subsection (c); (2) was given an order that was manifestly unreasonable in scope; or (3) promptly obeyed the order given. (Ord. 21667)

Dallas City Code § 31-36 MENACING ANOTHER PERSON.

SEC. 31-36. MENACING ANOTHER PERSON. (a) In this section, BODILY INJURY and SERIOUS BODILY INJURY have the meaning given each term, respectively, in Section 1.07 of the Texas Penal Code, as amended. (b) A person commits an offense if he intentionally places or attempts to place another person in fear of bodily injury, serious bodily injury, or death by: (1) following the other person on two or more occasions; or (2) over a period of time, engaging in a course of conduct or committing two or more specific acts against the other person that would cause a reasonable person to fear bodily injury, serious bodily injury, or death. (Ord. 21443)

Dallas City Code § 31-37 HOURS OF CLOSURE FOR CERTAIN CITY PROPERTY.

SEC. 31-37. HOURS OF CLOSURE FOR CERTAIN CITY PROPERTY. (a) In this section: (1) CENTRAL LIBRARY GROUNDS means the grounds surrounding the J. Erik Jonsson central library bounded by Wood Street on the north, Ervay Street on the east, Young Street on the south, and the property line wall located approximately 340 feet west of Ervay Street on the west. (2) CITY HALL PLAZA means the grounds surrounding city hall bounded by Young Street on the north, Ervay Street on the east, Canton Street on the south, and Akard Street on the west. (3) CONVENTION CENTER GROUNDS means the grounds, including Pioneer Plaza, surrounding the Dallas convention center that are contained within the following boundaries: Beginning at the intersection of Young Street and Akard Street; West on Young Street to Griffin Street; South on Griffin Street approximately 407 feet; West in a straight line for approximately 863 feet to the Jefferson Boulevard Viaduct; Southwest on the Jefferson Boulevard Viaduct to the Union Pacific Railroad; Southeast along the Union Pacific Railroad to Horton Street; Northeast on Horton Street to Lamar Street; Northwest on Lamar Street to Memorial Drive; East on Memorial Drive to Griffin Street; Southeast on Griffin Street to Canton Street; Northeast on Canton Street to Akard Street; North on Akard Street to Young Street at the point of beginning. (b) The following city property will be closed to the public each day from 12:00 midnight until 5:00 a.m.: (1) the city hall plaza; (2) the convention center grounds; and (3) the central library grounds. (c) A person commits an offense if he is on the premises of a city property designated in Subsection (b) during hours in which the property is closed. (d) It is a defense to prosecution under Subsection (c) that the person was: (1) attending or working at a special event, activity, convention, or program that was being conducted with city authorization on the city property or subsequently leaving the event, activity, convention, or program within a reasonable time after it had ended for the day; (2) on the city property in accordance with the terms of a lease, rental agreement, contract, or other written permission from the city; or (3) a city employee or a law enforcement officer in the performance of official duties. (Ord. 22036)

Dallas City Code § 31-38 DUTY OF PROPERTY OWNER TO REMOVE GRAFFITI.

SEC. 31-38. DUTY OF PROPERTY OWNER TO REMOVE GRAFFITI. (a) In this section: (1) DIRECTOR means the director of the department designated by the city manager to enforce and administer this section or the director’s authorized representative. (2) GRAFFITI means any marking, including, but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, character, or figure, that is made in any manner on tangible property. (3) OWNER means any person with the legal right of possession to tangible property. (b) An owner of any tangible property in the city commits an offense if he fails to remove all graffiti from the property that is visible from any public property or right-of-way or from any private property other than the property on which the graffiti exists. (c) Before issuing a citation for a violation under Subsection (b) of this section, the director shall serve the property owner with written notice to remove the graffiti from the property within 15 calendar days after the date the notice is served. The notice may be served by handing it to the owner in person or by United States certified mail, five-day return receipt requested, addressed to the owner at the owner’s post office address as shown in the records of the appraisal district in which the property is located. If the owner cannot be found and the notice is returned by the United States Postal Service, then the owner may be notified by: (1) publication at least once in a newspaper of general circulation in the city; (2) posting the notice on or near the front door of each building on the property to which the violation relates; or (3) posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. (d) The 15 calendar days will be counted: (1) from the date the notice is personally served on the owner or from the sixth day after the notice is placed in the United States certified mail; or (2) if the owner cannot be found or the notice is returned by the United States Postal Service, from the date the notice is: (A) published in accordance with Subsection (c)(1) of this section; or (B) posted in accordance with Subsection (c)(2) or (c)(3) of this section. (e) Before the director may issue a notice to remove graffiti under Subsection (c), all of the following must occur: (1) The city must offer to remove the graffiti from the owner’s property at no charge to the property owner. The offer must be in writing and must include a date by which the property owner must accept or refuse the offer. (2) The property owner must refuse the city’s offer to remove the graffiti free of charge. The refusal must be provided to the director in writing. Failure to accept or refuse the city’s offer by the date set forth in the offer is deemed to be consent for the city to remove the graffiti from the property free of charge. (f) If the director serves notice to a property owner under Subsection (c) and the property owner fails to remove the graffiti within the time required by Subsection (c), then the city may remove the graffiti and charge the expenses of removal to the property owner in accordance with a fee schedule adopted by city council ordinance or resolution. The city’s expenses to remove the graffiti will be collected from the owner, or levied, assessed, and collected against the property on which the work is performed. To obtain a lien against the property, the director, on behalf of the city council, shall file a statement of expenses with the county clerk of the county in which the property is located setting out the actual expenses incurred by the city, the name of the property owner, if known, and a legal description of the property. The city’s lien attaches when the statement of expenses is filed in the real property records of the county in which the property is located. The city’s lien is subordinate to any previously recorded lien and to the rights of a purchaser or lender for value who acquires an interest in the property before the statement of expenses is filed. (g) It is a defense to prosecution under Subsection (b) of this section that: (1) the city did not offer to remove the graffiti at no charge to the property owner in compliance with Subsection (e)(1); (2) the property owner did not refuse the city’s offer to remove the graffiti free of charge in compliance with Subsection (e)(2); (3) no notice was served on the property owner in compliance with Subsection (c); (4) the graffiti is located on transportation infrastructure; (5) the removal of the graffiti would create a hazard for the person performing the removal; (6) the property owner has removed graffiti from that particular property three or more times within the preceding 12 months; or (7) the graffiti was created on the property with the owner’s consent and does not violate the sign regulations of the Dallas Development Code or any other applicable city ordinance or state or federal law. (h) An offense under this section is punishable by a fine of not less than $200 or more than $500. (Ord. Nos. 22064; 28048)

Dallas City Code § 31-39 RESPONSIBILITY OF PARENT OR GUARDIAN FOR GRAFFITI CREATED BY A MINOR.

SEC. 31-39. RESPONSIBILITY OF PARENT OR GUARDIAN FOR GRAFFITI CREATED BY A MINOR. (a) In this section: (1) GRAFFITI means any marking, including, but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, character, or figure, that is made in any manner on tangible property. (2) GUARDIAN means: (A) a person who, under court order, is the guardian of the person of a minor; or (B) a public or private agency with whom a minor has been placed by a court. (3) MINOR means any person under 17 years of age. (4) OWNER means any person with the legal right of possession to tangible property. (5) PARENT means a person who is a natural parent, adoptive parent, or step-parent of another person. (b) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to create graffiti on tangible property in the city without the property owner’s consent. (c) An offense under this section is punishable by a fine of not less than $200 nor more than $500. (Ord. 22064)

Dallas City Code § 31-39.1 POSSESSION OF GRAFFITI IMPLEMENTS PROHIBITED; PRESUMPTIONS; DEFENSES.

SEC. 31-39.1. POSSESSION OF GRAFFITI IMPLEMENTS PROHIBITED; PRESUMPTIONS; DEFENSES. (a) In this section: (1) AEROSOL PAINT CONTAINER means any container that is adapted or made for the purpose of applying aerosolized paint, or any other aerosolized substance capable of defacing property. (2) CONSENT means assent in fact, whether express or apparent, by a person legally authorized to act for an owner of property. (3) ETCHING OR ENGRAVING DEVICE means a device that is capable of making a delineation or impression on tangible property, regardless of the manufacturer’s intended use for that device. (4) FELT TIP MARKER means any marker or similar implement that: (A) contains ink; and (B) has a flat or angled writing surface that, at its broadest width, exceeds one-eighth inch. (5) GRAFFITI means any temporary or permanent marking, including, but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, character, or figure, that is made in any manner on tangible property without the consent of the property owner. (6) GRAFFITI IMPLEMENT means any aerosol paint container, paint gun, paint ball gun, paint ball gun pellets or capsules, felt tip marker, paint stick, graffiti stick, brush, or etching or engraving device that is capable of scarring, marking, or otherwise defacing stone, glass, metal, concrete, wood, or any surface of tangible property. (7) MINOR means any person under 17 years of age. (8) OWNER means any person with the legal right of possession to tangible property. (9) PAINT STICK or GRAFFITI STICK means any device containing a solid or liquid form of paint, chalk, wax, epoxy, or other similar substance that leaves a visible mark upon application to a surface. (10) PARENT means a person who is the natural parent, adoptive parent, or step-parent of a person. (11) GUARDIAN means: (A) a person who, under court order, is the guardian of the person of a minor; or (B) a public or private agency with whom a minor has been placed by a court. (b) A person commits an offense if, with the intent to make graffiti, he possesses any graffiti implement: (1) in or on any part of a publicly-owned or privately-owned building, facility, park, school ground, library, playground, swimming pool, recreational facility, right-of-way, or other property when that property or that part of the property is closed to the public; or (2) within 10 feet of any underpass, overpass, bridge abutment, storm drain, or similar type of infrastructure. (c) A person is presumed to possess the graffiti implement with the intent to make graffiti on such property under Subsection (b)(1) or on such infrastructure under Subsection (b)(2) if while on the property or within 10 feet of the infrastructure, whichever applies, he possesses on or about his person at least: (1) one aerosol paint container; or (2) two graffiti implements other than an aerosol paint container. (d) A person commits an offense if he is the parent or guardian of a minor and knowingly permits, or by insufficient control allows, the minor to violate: (1) Subsection (b)(1); or (2) Subsection (b)(2). (e) It is a defense to prosecution under Subsections (b)(1) and (d)(1) that the graffiti implement was possessed on the property with consent. (f) It is a defense to prosecution under Subsections (b)(2) and (d)(2) that the graffiti implement was: (1) possessed on the property with consent; or (2) possessed in a place where the implement was going to be used for a non-graffiti activity, including but not limited to an employment, school, home, church, art, or similar activity, or possessed while enroute to or from such a place and activity. (g) For purposes of applying the defenses set forth in Subsections (e) and (f)(1) of this section, consent is presumed to exist if the person possessing the graffiti implement is an employee or relative of the property owner. (h) Before taking any enforcement action under Subsection (b)(2) or (d)(2) of this section, a police officer shall ask the apparent offender’s reason for being within 10 feet of the underpass, overpass, bridge abutment, storm drain, or other similar type of infrastructure with a graffiti implement and whether the apparent offender has the consent of the property owner to be on the property and to possess the graffiti implement. The officer shall not issue a citation or make an arrest under Subsection (b)(2) or (d)(2) of this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense described in Subsection (f) is present. (i) An offense under this section is punishable by a fine of not less than $200 or more than $500. (Ord. 26342)

Dallas City Code § 31-40 POSSESSION OF SHOPPING CARTS.

SEC. 31-40. POSSESSION OF SHOPPING CARTS. (a) In this section, SHOPPING CART is an object that has the same meaning as in Chapter 17 of the Texas Business and Commerce Code, as amended. (b) A person commits an offense if he possesses a shopping cart at a location other than the premises of the retail establishment that owns the shopping cart. (c) It is a defense to prosecution under Subsection (b) that the person was an owner, employee, or agent of the retail establishment that owns the shopping cart and was delivering, retrieving, or returning the shopping cart to the retail establishment. (d) A retail establishment that owns a shopping cart shall affix to the shopping cart a durable all-weather decal stating the following in legible letters: IT IS AN OFFENSE PUNISHABLE BY A FINE OF UP TO $500 TO POSSESS THIS SHOPPING CART AT A LOCATION OTHER THAN ON THE PREMISES OF THE RETAIL ESTABLISHMENT THAT OWNS THIS SHOPPING CART. (Ord. Nos. 25439; 30136)

Dallas City Code § 31-41 LOCK, TAKE, AND HIDE SIGNS.

SEC. 31-41. LOCK, TAKE, AND HIDE SIGNS. (a) An owner or person in control of property on which 100 or more parking spaces are located that are available for public use shall post and maintain on the exterior premises of the property two signs complying with Subsection (b). One additional sign is required to be posted and maintained for each 50 parking spaces over 100 that are located on the property. Also, one additional sign is required to be posted and maintained within five feet of each clustered mailbox site located on the premises of a multifamily property, as defined in Section 27-3 of this code. (b) Each sign required to be posted and maintained under Subsection (a) must comply with the following: (1) Contain language that includes the statements: “LOCK YOUR CAR, TAKE YOUR KEYS, HIDE YOUR BELONGINGS”; “A REMINDER FROM THE DALLAS POLICE DEPARTMENT”; “WATCH YOUR CAR”; and “1-800-CAR WATCH.” (2) Meet uniform specifications for size, color, and format established by, and maintained on file in the office of, the chief of police. (3) Be made of durable, all-weather material, with the lettering readable day and night. (4) Be approved by the chief of police. (5) Be permanently installed on the property in a manner and location approved by the chief of police so that at least one of the signs is visible and readable from every parking space located on the property. (6) Be posted so that the bottom edge of the sign is not lower than five feet or higher than eight feet above ground level. (c) An owner or person in control of property on which signs are required to be posted and maintained under Subsection (a) commits an offense if he fails to post or maintain signs in compliance with this section. (d) A person commits an offense if he removes or obstructs, or allows the removal or obstruction of, a sign required to be posted and maintained on property under Subsection (a). It is a defense to prosecution under this subsection that the removal or obstruction of the sign was caused by: (1) a city employee in the performance of official duties; or (2) the owner or person in control of the property who was performing, or causing the performance of, repairs or maintenance on the sign. (Ord. 25521)
Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-114158Fetched: 10/26/2026

Starting a business in Texas? Texas LLC guide: costs and requirements