Magnifisyncopathological

TITLE 3. ANIMAL REGULATION.

CHAPTER 3-2. RESTRICTIONS ON ANIMALS.

§ 3-2-3 COMMERCE IN LIVE ANIMALS.

1. (A) A person commits an offense if the person sells, trades, barters, leases, rents, gives away, or displays for a commercial purpose a live animal on a roadside, public right -of -way, or commercial parking lot, or at an outdoor special sale, swap meet, flea market, parking lot sale, or similar event.

§ 3-2-4 HUNTING AND TRAPPING WILD ANIMALS.

1. (A) Except as provided in Subsection (B), a person may not:
   
   1. (1) knowingly shoot, kill, or hunt a wild animal; or
      
   2. (2) use a steel-jawed spring trap or any other type of trap that could injure a trapped animal or person.

TITLE 4. BUSINESS REGULATION AND PERMIT REQUIREMENTS.

CHAPTER 4-1. ADULT ARCADE.

§ 4-1-2 MINIMUM REQUIRED DESIGN STANDARDS.

1. (B) The owner or operator of an adult arcade must provide a minimum of one manager's station on the premises. A manager's station under this section shall allow an on-duty employee an unobstructed line-of-sight view of each area authorized for patron access, except a toilet facility.

CHAPTER 4-2. ALARM SYSTEMS.

§ 4-2-11 PERMIT REQUIRED.

1. (A) A person shall obtain a permit issued by the police chief before the person operates an alarm system.

CHAPTER 4-3. AMUSEMENT PARK, CIRCUS, CARNIVAL, ARCHERY, RANGE, OR SHOOTING FACILITY.

§ 4-3-1 HOURS OF OPERATION.

1. A person may not operate an amusement park between midnight and 8:00 a.m. or between midnight on Saturday and 1:00 p.m. on Sunday.

§ 4-3-22 PERMIT REQUIRED.
A person commits an offense if the person operates or exhibits a circus, carnival, itinerant theatrical show, ride, game of skill, or chance game booth without a permit issued under this division.

§ 4-3-43 PERMIT REQUIRED.
A person commits an offense if the person conducts or operates, or permits another person to conduct or operate, an archery range or shooting facility on property under the person's ownership or control, without a permit issued under this article.

CHAPTER 4-4. JUNKYARDS AND JUNK DEALERS.

§ 4-4-2 BOND REQUIRED.
Before a junk dealer may operate a junkyard, the dealer must execute a $1,000 bond payable to the city manager on a form prescribed by the city manager, with two or more sureties or a surety company authorized to do business in Texas.

CHAPTER 4-5. LARGE PUBLIC GATHERINGS.

§ 4-5-12 INSURANCE AND SECURITY DEPOSIT REQUIREMENTS.

1. (A) The promoter shall obtain a public liability insurance policy in a minimum amount of:
   
   1. (1) $100,000 for property damage;
      
   2. (2) $100,000 for personal injury to one person; and
      
   3. (3) $300,000 for personal injury to two or more persons.
   
   
2. (B) The promoter shall pay a security deposit that is equal to: the estimated number of attendees at the large public gathering multiplied by an amount established by separate ordinance.
   
3. (C) The city manager may deduct the cost of use of police, firefighters, emergency medical services, hospital services, clean-up, and other costs incurred in connection with the large public gathering from the security deposit.
   
4. (D) The city manager shall refund the security deposit to the promoter less the costs deducted under Subsection (C).

CHAPTER 4-6. PAWNBROKERS, JEWELERS, AND SECONDHAND GOOD DEALERS.

§ 4-6-3 RECORDKEEPING AND INSPECTION.

1. (A) A person who acts as a pawnbroker, jeweler, or secondhand goods dealer shall assign a number to each item received by the person.
   
2. (B) A person who acts as a pawnbroker, jeweler, or secondhand goods dealer shall maintain a record book, in which the person shall make an accurate daily record of each item received by the person including:
   
   1. (1) a description of the item;
      
   2. (2) the number assigned to the item;
      
   3. (3) the name of the person from whom the item was received; and
      
   4. (4) a description of the disposition of the item, including the name of each purchaser and the sale price.
   
   
3. (C) A pawnbroker, jeweler, or secondhand good dealer shall make a record book required under this section available for inspection a City employee on demand.

§ 4-6-4 SELLER IDENTIFICATION REQUIRED.
Except as provided in Section 4-6-15 (Exceptions to Logbook Requirements), a person operating as a pawnbroker, jeweler, or secondhand goods dealer commits an offense if the person purchases an item from a person without requiring the seller to present photographic identification including:

1. (A) a driver's license;
   
2. (B) a military identification card; or
   
3. (C) an identification card issued by a government agency.

§ 4-6-12 REGISTRATION REQUIRED.
[A person "who purchases precious metal or antique, used, or scrap jewelry for resale in its original form or as remounted, melted, reformed, remolded, or recast, or as scrap or in bulk" (among other things)] must register with the police chief on a form provided by the police chief, before the dealer operates a business under this article.

§ 4-6-18 TRANSACTION WITH MINOR PROHIBITED.
A dealer commits an offense if the dealer purchases or acquires an item of jewelry or precious metal from a person less than 18 years old.

CHAPTER 4-9. RESTRICTIONS ON ALCOHOLIC BEVERAGES.

§ 4-9-3 RESTRICTION ON SALE OR USE OF ALCOHOL.
A person commits an offense if the person sells, stores, handles for the purpose of sale an alcoholic beverage unless the use is authorized by and complies with the applicable provisions of the City Code and the Texas Alcoholic Beverage Code.

§ 4-9-4 MINIMUM DISTANCE FROM CERTAIN USES.

1. (A) A person may not sell or engage in the business of selling an alcoholic beverage at a place of business located within 300 feet of a church, public school, or public hospital except as provided by the Texas Alcoholic Beverage Code.
   
2. (B) A permit or license holder under Chapters 25 (Wine and Beer Retailer's Permit), 28 (Mixed Beverage Permit), 32 (Private Club Registration Permit), 69 (Retail Dealer's On-Premise License), or 74 (Brewpub License) of the Texas Alcoholic Beverage Code who does not hold a food and beverage certificate may not sell or engage in the business of selling an alcoholic beverage at a place of business located within 300 feet of a day-care center or child-care facility except as provided by the Texas Alcoholic Beverage Code.

§ 4-9-9 RESTRICTIONS ON SALE OR CONSUMPTION DURING CERTAIN TIMES.

1. (A) A person may not sell or offer for sale beer or a mixed beverage at on:
   
   1. (1) Sunday between 2:00 a.m. and 12:00 noon; or
      
   2. (2) Monday through Saturday between 2:00 a.m. and 7:00 a.m.
   
   
2. (B) A person may not consume or hold for the purpose of consumption in any public place an alcoholic beverage on:
   
   1. (1) Sunday between 2:15 a.m. and 12:00 noon; or
      
   2. (2) Monday though Saturday between 2:15 a.m. and 7:00 a.m.
   
   
3. (C) A person selling, consuming, or possessing beer, a mixed beverage, or an alcoholic beverage is subject to all applicable federal, state, and local law. This section shall not be construed to permit or authorize an act in contravention of a federal, state or local law.

TITLE 5. CIVIL RIGHTS.

CHAPTER 5-1. HOUSING DISCRIMINATION.

§ 5-1-51 DISCRIMINATION IN SALE OR RENTAL OF HOUSING.

1. (A) A person may not refuse to sell or rent a dwelling to a person who has made a bona fide offer; refuse to negotiate for the sale or rental of a dwelling; or otherwise make unavailable or deny a dwelling to any person based on race, color, religion, sex, sexual orientation, gender identity, age, family status, disability, or national origin.
   
2. (B) A person may not discriminate against a person in the terms, conditions, or privileges of sale or rental of a dwelling or in providing services or facilities in connection with the sale or rental, based on race, color, religion, sex, sexual orientation, gender identity, age, family status, disability, or national origin.

§ 5-1-52 PUBLICATION INDICATING DISCRIMINATION.
A person may not make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on [yadda yadda], or an intention to make such a preference, limitation, or discrimination.

§ 5-1-53 AVAILABILITY FOR INSPECTION.
A person may not represent to a person based on [yadda yadda] that a dwelling is not available for inspection, for sale or rental when the dwelling is available for inspection.

§ 5-1-54 ENTRY INTO NEIGHBORHOOD.
A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular [yadda yadda].

CHAPTER 5-2. DISCRIMINATION IN PUBLIC ACCOMMODATIONS.

PUBLIC ACCOMMODATION means:

1. (a) an inn, hotel, motel or other lodging establishment for transient guests, excluding an establishment located in a building with not more than five rooms for rent or hire and occupied by the owner or operation as a primary residence;
   
2. (b) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including a facility located on the premises of a retail establishment or a gasoline station;
   
3. (c) a movie theatre, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment;
   
4. (d) a bar, tavern, pub, drinking establishment, or facility where alcoholic beverages are served for consumption on the premises;
   
5. (e) a retail establishment that sells goods or services; and
   
6. (f) an establishment physically located in the premises of an establishment described in this subsection or containing within the premises of which is physically located a covered establishment, and an establishment which holds itself out as serving patrons of a covered establishment.

§ 5-2-4 PROHIBITED PRACTICES.

1. (A) A person is entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a public accommodation, without discrimination or segregation based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
   
2. (B) A person, including the owner, operator, or lessee of a public accommodation may not directly or indirectly exclude, segregate, limit, refuse or deny a person the accommodations, advantages, facilities, benefits, privileges, services, or goods of the public accommodation based on [yadda yadda].
   
3. (C) A person, including the owner, operator, or lessee of a public accommodation, may not circulate, issue, display, post, mail, or publish a statement, advertisement, or sign that indicates that the accommodations, advantages, facilities, benefits, privileges, services, or goods of the public accommodation will be denied to an individual based on [yadda yadda], or that the patronage or presence of an individual is objectionable, unwelcome, unacceptable, undesirable, or unsolicited based on [yadda yadda].

CHAPTER 5-3. DISCRIMINATION IN EMPLOYMENT GENERALLY.

§ 5-3-4 UNLAWFUL EMPLOYMENT PRACTICES.

1. (A) An employer may not:
   
   1. (1) fail or refuse to hire or to discharge any individual, or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment, based on the individual's race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; or
      
   2. (2) limit, segregate, or classify an employee or applicant for employment in a way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect the individual's status as an employee, based on the individual's [yadda yadda].

TITLE 6. ENVIRONMENTAL CONTROL AND CONSERVATION.

CHAPTER 6-1. AIR QUALITY.

§ 6-1-11 RELEASE OF REFRIGERANTS.

1. (B) A person may not knowingly or intentionally charge a refrigeration system:
   
   1. (1) unless the system has been tested for leaks within the previous three years; and
      
   2. (2) if a system test indicated a leak, the leak has been repaired.

§ 6-1-32 ASBESTOS PROHIBITED.
A person may not use asbestos or material containing asbestos in the construction or renovation of a building.

CHAPTER 6-2. HAZARDOUS MATERIALS.

§ 6-2-11 PERMIT REQUIRED.
A person may not receive, produce, or store a hazardous material unless the person first obtains a hazardous materials storage permit from the director.

§ 6-2-22 PERMITTEE'S RECORDS.

1. (A) A permittee shall retain for a period of not less than three years:
   
   1. (1) a permit application;
      
   2. (2) a permit;
      
   3. (3) each inspection report;
      
   4. (4) each monitoring log; and
      
   5. (5) all other records required by this chapter.

CHAPTER 6-4. WATER CONSERVATION.

§ 6-4-11 SHOWERS.
An owner shall install and maintain in each shower a showerhead that:

1. (1) is designed to provide dispersed and reduced water flow and automatically clean debris from its water channels or pores;
   
2. (2) has an adjustable spray that produces a water cone not more than 42 inches wide in a six and one-half foot vertical drop;
   
3. (3) has a maximum flow rate of three gallons a minute at an inlet water pressure of between 20 and 80 pounds per square inch, measured with the adjustable spray in the fully opened position; and
   
4. (4) resists damage by water heated to 160 degrees Fahrenheit with an inlet water pressure of 125 pounds per square inch.

TITLE 9. PROHIBITED ACTIVITIES.

CHAPTER 9-2. NOISE AND AMPLIFIED SOUND.

§ 9-2-12 PERMIT FOR AN OUTDOOR MUSIC VENUE.

1. (A) The owner or operator of an outdoor music venue must obtain a permit from the director before using sound equipment at an outdoor music venue.
   
2. (B) Except as provided in Subsections (C), (D), and (E) a person may not use sound equipment at an outdoor music venue.
   
3. (C) A person may use sound equipment at an outdoor music venue that produces sound as measured at any point along the property line of the permitted venue not greater than 85 decibels between 10:00 a.m. and:
   
   1. (1) 10:30 p.m. on Sunday through Wednesday;
      
   2. (2) 11:00 p.m. on Thursday; or
      
   3. (3) 12:00 midnight on Friday or Saturday.

CHAPTER 9-3. NON-EMERGENCY CURFEWS.

§ 9-3-2 OFFENSES.

1. (H) The owner, operator, or employee of an establishment commits an offense if the person knowingly allows a minor to remain on the premises of the establishment during curfew hours.

CHAPTER 9-4. PROHIBITED ACTIVITIES.

§ 9-4-16 MANIFESTING THE PURPOSE OF ENGAGING IN PROSTITUTION PROHIBITED.

1. (B) A person commits an offense if the person loiters in a public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting, or procuring another person to commit an act of prostitution.

§ 9-4-41 RESTRICTION ON USE OF BARBED WIRE FENCES.

1. (A) Except as provided in Subsections (B) and (C), a person commits an offense if the person constructs or repairs, or causes to be constructed or repaired, a barbed wire fence.

§ 9-4-43 GRAFFITI PROHIBITED.

1. (C) An owner commits an offense if the owner fails to cover or remove graffiti on the owner’s property visible from public property or right-of-way, or other private property.

CHAPTER 9-5. RESTRICTIONS ON DRUGS, CHEMICALS, AND CONTROLLED SUBSTANCES.

§ 9-5-11 OFFENSE.
A person commits an offense if the person knowingly requests, commands, or induces another person to donate, sell, transfer, or deliver a prohibited drug to the person making the request or to or another person.

§ 9-5-22 OFFENSES.
A person commits an offense if the person:

1. (1) sells or transfers possession of aerosol paint or glue to a person under 17 years of age;
   
2. (2) displays aerosol paint or glue at a business at which a person under 17 years of age is permitted to enter, if the aerosol paint or glue is:
   
   1. (a) unattended by an employee of the business; and
      
   2. (b) accessible to a potential customer of the business without assistance from an employee of the business;
   
   
3. (3) intentionally inhales fumes, odors or gases from aerosol paint or glue to become intoxicated, dizzy, imbalanced, or unconscious; or
   
4. (4) sells, offer for sales, delivers, or gives aerosol paint or glue to another person if the person knows or has reason to believe that the recipient intends to use the aerosol paint or glue to become intoxicated, dizzy, imbalanced, or unconscious.

§ 9-5-44 PURCHASER IDENTIFICATION REQUIRED.
A person selling nitrous oxide shall require the purchaser to present a picture identification at the time of purchase.

I can't single Mr. Wynn out too much, however. Hardly anyone these days consistently chooses to stick to his or her own affairs and leave others to theirs. Hardly anyone these days honestly advocates permit-free living. Mr. Wynn is just the latest guy who happened to speak the banal lie out in public.

***UPDATED 5:44pm
Yes, I'm aware Will Wynn was generally opposed to the smoking ban. That doesn't make my statement any less true. If Texans in general and residents of Austin in particular truly wished to mind their own business, it wouldn't exist and neither would the desire to ban an activity that is rightly the decision of the individual property owner.