GENERAL

Houston Code of Ordinances ch. 40, art. XVII, div. 1

in effect

Houston Code of Ordinances § 40-361 Definitions.

Sec. 40-361. - Definitions. As used in this article, the following words and terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning: Central business district or CBD means the area beginning at the intersection of the centerline of U.S. 59 and the centerline of I.H. 45; thence in a northwesterly and northerly direction along the centerline of I.H. 45 to its intersection with the centerline of I.H. 10; thence in an easterly direction along the centerline of I.H. 10 to its intersection with the centerline of U.S. 59; thence in a southwesterly direction along the centerline of U.S. 59 to its intersection with I.H. 45, the point of beginning. Crosswalk means an area upon a roadway that has been designated by the traffic engineer with striping and/or signage as a place for pedestrians to cross the street. The term includes both crosswalks that have been designated at street intersections and those that have been designated between intersections. Emergency means an unforeseen occurrence that creates a condition of substantial hazard or threat of damage or injury to life or property. General permit means a permit issued for intermittent short-term (less than 24 hours) obstructions undertaken by utilities or public employees. An obstruction may not occur at the same location for more than seven consecutive days. Impairment includes an excavation or removal of a sidewalk or portion thereof or an obstruction of a sidewalk or portion thereof. Local street means a street that is not a major thoroughfare or major collector street. Major collector street has the meaning ascribed in section 1-2 of this Code. Major thoroughfare has the meaning ascribed in section 1-2 of this Code. Mobility official means the Director of Houston Public Works or his designee. Mobility inspector means an employee of the department designated by the mobility official to enforce the provisions of this article. Obstruction means any construction or excavation related vehicle, equipment, fence, structure, bulk waste container, building or construction materials or debris, barricade, cone, sign, barrel, or other thing or object that is placed, planted, left or erected in or upon a roadway or sidewalk that would in any manner prevent or restrict public use of or access to any part of the roadway or sidewalk or restrict the drainage system of the roadway or sidewalk. Peak traffic hours. This term is limited in its application to pedestrian and vehicular traffic on sidewalks and roadways on major collector streets and major thoroughfares and in the central business district and means the following hours on Mondays through Fridays, excepting holidays other than Veterans' Day that are observed by the closure of city offices: 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 p.m. Permit means a current and valid permit issued under division 2 of this article. Public employee means an employee of the state or a political subdivision of the state; the term also includes employees of contractors of the state and its political subdivisions when retained to perform public infrastructure maintenance contract functions, such as water and sewer line point repairs, pothole repairs, traffic signal maintenance and other functions that relate to the ongoing repair, public right of way enhancements including lane line striping, preservation, and cleaning of existing public facilities. Roadway means the portion of a street that is paved or otherwise improved, designed, or ordinarily used for vehicular travel and/or for on-street parking. In the event a street includes two or more separate roadways, the term "roadway" shall refer to any such roadway. The term does not include any roadway that is primarily maintained by the Texas Department of Transportation or by any political subdivision other than the city. Sidewalk means the portion of a street that is between the curblines or lateral lines of the roadway and the adjacent property lines and is improved for or ordinarily used for pedestrian travel. Where a street has two sidewalks, the term shall apply separately to each. Street means the entire width between the boundary lines of every way that is publicly maintained, including sidewalks and crosswalks, provided that the term does not include any street that is primarily maintained by the Texas Department of Transportation or by any political subdivision other than the city. Traffic-control device has the meaning ascribed in section 40-121 of this Code. Utility means a public utility operating under a franchise from the city or a certificated telecommunications provider operating pursuant to Chapter 283 of the Texas Local Government Code. Vehicle includes a vehicle whether motorized or not and/or a vehicle trailer. (Ord. No. 04-498, § 2, 5-26-04; Ord. No. 09-1267, §§ 2, 3, 12-9-09, eff. 1-1-10; Ord. No. 2018-11, § 49, 1-10-2018)

Houston Code of Ordinances § 40-361.1 General powers and duties of mobility official.

Sec. 40-361.1. - General powers and duties of mobility official. It shall be the duty of the mobility official to direct, control, and manage all impairments and obstructions of roadways and sidewalks, including the enforcement of all regulations set forth in this article concerning impairments and obstructions of roadways and sidewalks. The mobility official shall also maintain a system to issue and track permits issued under this article. The mobility official is authorized to designate the necessary persons as mobility inspectors to enforce the provisions of this article. (Ord. No. 09-1267, § 4, 12-9-09, eff. 1-1-10)

Houston Code of Ordinances § 40-361.2 Mobility inspectors.

Sec. 40-361.2. - Mobility inspectors. (a) Mobility inspectors designated by the mobility official shall enforce the provisions of this article by issuance of citations on an official form prescribed by the mobility official for such notices. Mobility inspectors shall not have the power of arrest under the authority conferred by this section. Mobility inspectors shall be issued appropriate identification by the mobility official and shall be issued the necessary forms to carry out their duties. Mobility inspectors shall account to the mobility official for all citations issued and for all citation forms provided to them. (b) Peace officers shall enforce the provisions of this chapter and applicable state laws and regulations relating to obstructing or impairing roadways and sidewalks by issuance of citations. (Ord. No. 09-1267, § 4, 12-9-09, eff. 1-1-10)

Houston Code of Ordinances § 40-362 Impairments and obstructions unlawful.

Sec. 40-362. - Impairments and obstructions unlawful. (a) It shall be unlawful for any person to place, cause, or allow any impairment or obstruction of a sidewalk or roadway, except as authorized by a permit. (b) It is a defense to prosecution under this section that the impairment or obstruction is or consists of: (1) A vehicle that is lawfully standing, stopped, or parked in compliance with applicable provisions of this Code and state traffic laws. (2) A vehicle that has been rendered inoperable by a mechanical or other systems failure or by an accident and is stopped pending police investigation and/or towing or recovery services. (3) A public transit facility, traffic control device, sign, street light, public trash receptacle, bicycle rack, or other structure or object lawfully placed by or on behalf of the state or a political subdivision of the state. (4) A sign or display that is being utilized as part of a lawfully conducted demonstration or rally provided that the object does not obstruct or impair vehicular or pedestrian traffic and further provided that it is used and displayed only during the period of time that the demonstration or rally is attended and ongoing and the attendees remove the sign or display at the conclusion of the demonstration or rally. (5) Equipment and materials related to work actively being performed by a utility or public employee that has obtained a general permit. (6) Trees, grass, shrubbery, and landscaping that is placed and maintained in a manner conforming to applicable requirements of chapters 32 and 45 of this Code and regulations issued thereunder. (7) A parade lawfully conducted under chapter 45 of this Code. (8) A sidewalk café authorized under section 40-10.1 of this Code, street function authorized under section 40-27 of this Code, or newsrack placed as authorized under article XX of chapter 40 of this Code. (9) A valet zone as authorized under section 26-445 of this Code. (10) Equipment and materials relating to public infrastructure maintenance work performed, outside of the general permit requirements, by public employees, provided that the work is performed in accordance with a time, place, and manner protocol approved by the traffic engineer. (11) Solid waste containers and heavy trash items of the type and size authorized for residential service of the nature provided by the city and city contractors under chapter 39 of this Code that are placed for collection in a manner that does not obstruct the roadway or impair pedestrian use of the sidewalk; however, this defense does not extend to bulk containers of the "dumpster" or "roll-off" type that are typically used to service multifamily residential properties, commercial properties, and construction sites. (12) Poles, distribution boxes, and related structures of utilities, provided that they are not placed in such a manner as to obstruct or impair vehicular or pedestrian use of the roadway or sidewalk. (13) Postal deposit and delivery boxes, provided that they are not placed in such a manner as to obstruct or impair vehicular or pedestrian use of the roadway or sidewalk. (14) A building encroachment or other permanent obstruction for which the abutting owner has a current and valid permit or other authorization as obtained from city council. (15) Equipment relating to a sidewalk activity as authorized under article XI of this chapter. (16) An emergency as defined in section 40-376 of this Code. (c) Under the authority granted in section 40-366 of this Code, the mobility official may issue rules and regulations regarding the application of the defenses set forth in subsection (b), above. It is a required element of any defense asserted under subsection (b) that the actor is in compliance with any applicable rules and regulations. (Ord. No. 04-498, § 2, 5-26-04; Ord. No. 07-225, § 6, 2-14-07; Ord. No. 01-1111, § 4, 10-3-07; Ord. No. 09-1267, §§ 5, 6, 12-9-09, eff. 1-1-10)

Houston Code of Ordinances § 40-363 Inactivity during permit period; revocation.

Sec. 40-363. - Inactivity during permit period; revocation. (a) As a condition of a permit, it is the responsibility of the permit holder to diligently prosecute the work for which the permit was obtained; without limitation of the foregoing, the permit holder shall ensure that there is no period of 15 consecutive days or more during which the work site is inactive. (b) The foregoing inactivity prohibition is inapplicable to: (1) A delay that arises from causes beyond control and without fault or negligence of the permit holder. Examples of these causes are: a. Acts of God or of the public enemy. b. Acts of government in its sovereign capacity. c. Fires, floods, or unusually severe weather. d. Epidemics or quarantine restrictions. e. Strikes or freight embargoes. f. Discovery of pollutants at the site which requires cessation of activity pursuant to a federal, state, or local law. (2) A delay caused by an order to temporarily cease work issued by the traffic engineer or chief of police. (Ord. No. 04-498, § 2, 5-26-04)

Houston Code of Ordinances § 40-364 Provisions cumulative.

Sec. 40-364. - Provisions cumulative. (a) The provisions of this article are cumulative of all other applicable laws and ordinances. Compliance with this article shall not excuse compliance with any other requirement of laws or ordinances or the obtaining of any other license, permit, franchise, or other required authorization. (b) Without limiting the foregoing, a separate permit is also required under article V of this chapter whenever the obstruction is for purposes of an excavation and the provisions of that article are applicable to the work. The Director of Houston Public Works shall coordinate the two permit processes. (c) To the extent that any provision set forth in this article may not be imposed upon any person because its imposition would be inconsistent with a controlling state or federal law, then this article shall be construed and applied in a manner that conforms to the state or federal law. (Ord. No. 04-498, § 2, 5-26-04; Ord. No. 2018-11, § 49, 1-10-2018)

Houston Code of Ordinances § 40-365 Construction work in roadways or sidewalks; public work.

Sec. 40-365. - Construction work in roadways or sidewalks; public work. (a) With the exception of work addressed in sections 40-362(b)(5) or (b)(10) of this Code above, utilities, contractors of the city and other political subdivisions of the state who are performing construction, reconstruction, or repair work in the roadways or sidewalks or work that otherwise causes an impairment or obstruction shall be required to obtain a permit. Except as provided in section 40-373, nothing in this article shall be construed to authorize the imposition of restraints upon the contractor's work that are inconsistent with traffic control plans or other documents upon which the contracts for the work were bid or let, provided that the documents were reviewed and approved under subsection (b), below. However, the traffic engineer shall not be obliged to issue a permit hereunder for work to be performed at times not authorized in the contract documents or for the occupancy of areas of any roadway or sidewalk that are not expressly authorized to be occupied for the performance of the work under the contract documents. (b) Traffic control plans and other bid/contract related documents proposed for public works by the city or other political subdivisions that are for construction projects in a roadway or sidewalk or that will otherwise cause any impairment or obstruction of a roadway or sidewalk shall be submitted to the traffic engineer for review and approval by the public entity contracting for the work before bids are taken, or if the work is not let on bids, before the contract is negotiated. (c) The defense set forth in section 40-362(b)(10) of this Code is not intended to excuse public employees from coordinating their work with the traffic engineer to ensure that impairments or obstructions conform to applicable requirements of this article, and the Director of Houston Public Works shall administratively adopt regulations for that purpose. (d) Notwithstanding any provisions under this article to the contrary, the traffic engineer may issue a permit to a city department necessary to perform departmental functions without requiring a permit fee, release and indemnity provisions or evidence of insurance. The traffic engineer may adopt specific rules and regulations regarding time. Place and manner with regard to such city department permits, as deemed appropriate to ensure that traffic and mobility are not adversely affected. (e) Notwithstanding any provisions under this article to the contrary, the deployment and use of all traffic-control devices shall conform to the specifications set forth in the Texas Manual on Uniform Traffic Control Devices. (Ord. No. 04-498, § 2, 5-26-04; Ord. No. 09-1237, § 7, 12-9-09, eff. 1-1-10; Ord. No. 2018-11, § 49, 1-10-2018)

Houston Code of Ordinances § 40-366 Regulations.

Sec. 40-366. - Regulations. The Director of Houston Public Works is authorized to adopt rules and regulations for the administration of this article. To the extent practicable, as determined by the traffic engineer, the rules and regulations may provide for the filing and processing of permit documents by electronic means. (Ord. No. 04-498, § 2, 5-26-04; Ord. No. 2018-11, § 49, 1-10-2018)

Houston Code of Ordinances § 40-367 Penalty.

Sec. 40-367. - Penalty. (a) It is a criminal offense for any person to violate any of the provisions of this article. Every person convicted of violating any of the provisions of this article for which another penalty is not specifically provided shall be punished by a fine of not less than $200.00 nor more than $500.00; provided however that no penalty shall be greater or less than the penalty for the same offense under the laws of this state. (b) For violations under this chapter that are of a continuing nature, each day that the violation continues shall constitute a separate offense. (Ord. No. 04-498, § 2, 5-26-04; Ord. No. 09-1237, § 8, 12-9-09, eff. 1-1-10)

Houston Code of Ordinances § 40-368 Hearing.

Sec. 40-368. - Hearing. Any person who is aggrieved by a decision of the city, its officials, or employees with respect to a permit application or impairment or obstruction abatement action under this article shall, upon written request, be entitled to a hearing to be conducted by hearing officer designated by the Director of Houston Public Works, who shall promulgate rules for hearings. The decision of the hearing officer shall be final. A hearing requested under section 40-126 of this Code may be consolidated with a hearing requested under this section. (Ord. No. 04-498, § 2, 5-26-04; Ord. No. 09-1237, § 8, 12-9-09, eff. 1-1-10; Ord. No. 2018-11, § 49, 1-10-2018)

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_ARTXVIISIROOBIM_DIV1GEFetched: 10/26/2026