The text
Footnotes:
--- (1) --- Cross reference— Businesses, ch. 26.
State Law reference— Texas Fair Housing Act, V.T.C.A., Property Code ch. 301.
ARTICLE I. - IN GENERAL#
Secs. 58-1—58-25. - Reserved.#
ARTICLE II. - FAIR HOUSING#
Footnotes:
--- (2) --- Editor's note— Ord. No. 96-5, adopted Apr. 23, 1996, has been included herein as superseding §§ 58-26—58-39, pertaining to similar subject matter as derived from Ord. No. 92-1, §§ 1—13, adopted Apr. 14, 1992. Such new provisions have been designated as §§ 58-26—58-35, at the discretion of the editor.
Sec. 58-26. - Policy.#
It is hereby declared to be the policy of the city to bring about through fair, orderly and lawful procedures, the opportunity of each person to obtain housing without regard to race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
It is further declared that such policy is established upon a recognition of the inalienable rights of each individual to obtain housing without regard to race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, age; and further that the denial of such rights through considerations based on race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age is detrimental to the health, safety and welfare of inhabitants of the city and constitutes an unjust denial or deprivation of such inalienable rights which is within the power and the proper responsibility of government to prevent.
(Ord. No. 96-5, 4-23-96; Ord. No. 2000-08, § 1, 4-13-00)
Sec. 58-27. - Definitions.#
As used in this article the following words and phrases shall have the meanings respectively ascribed to them in this section unless the context requires otherwise:
Age means the calendar age of an individual 18 years of age or over.
Creed means any set of principles, rules, opinions and precepts formally expressed and seriously adhered to or maintained by a person.
Director means the director of the human relations department or authorized assistant.
Discriminatory housing practice means an act which is unlawful under this article.
Dwelling means any building, structure or portion thereof which is occupied as, or designed and intended for occupancy as, a residence by one or more persons and any vacant land which is offered for sale or lease for the construction or location thereof of any such building, structure or portion thereof.
Family means a single individual or a group of individuals living together under one common roof.
Major life activities means functions such as, but not limited to, caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
Marital status means an individual's status as a single, married, divorced, widowed or separated person.
Parenthood means a person's status as a parent or legal guardian of a child or children under the age of 18.
Person means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.
Physical or mental handicap means any physical or mental impairment which substantially limits one or more major life activities.
Physical or mental impairment shall include: (1)
Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one of more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
(2)
Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
To rent includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
Senior adult means a person 55 years of age or older.
(Ord. No. 96-5, 4-23-96; Ord. No. 2000-08, § 2, 4-13-00)
Cross reference— Definitions generally, § 1-2.
State Law reference— Definitions, V.T.C.A., Property Code § 301.003.
Sec. 58-28. - Interpretation and effect.#
This article shall in no way be interpreted as creating a judicial right or remedy which is the same or substantially equivalent to the remedies provided under Title VIII of the Civil Rights Act of 1968, as amended, or the Federal Equal Credit Opportunity Act (15 U.S.C. 1691). All aggrieved parties shall retain the rights granted to them to Title VIII of the Civil Rights Act of 1968, as amended, and the Federal Equal Credit Opportunity Act. In construing this article, it is the intent of the city council that the courts shall be guided by federal court interpretations of Title VIII of the Civil Rights Act of 1968, as amended, and the Federal Equal Credit Opportunity Act, where appropriate.
(Ord. No. 96-5, 4-23-96; Ord. No. 2000-08, § 3, 4-13-00)
Sec. 58-29. - Discrimination in the sale or rental of housing.#
Except as exempted by it shall be unlawful: (1)
To refuse to sell or rent after the making of a bona fide offer or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
(2)
To discriminate against any person in the terms, conditions, or privileges of a sale or rental of a dwelling or in the provision of services or facilities in connection therewith because of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
(3)
To 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 of discrimination based on race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or an intention to make any such preferences, limitation or discrimination.
(4)
To represent to any person because of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
(5)
To induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
(Ord. No. 96-5, 4-23-96; Ord. No. 2000-08, § 4, 4-13-00)
State Law reference— Discrimination in the sale or rental of housing, V.T.C.A., Property Code § 301.021 et seq.
Sec. 58-30. - Discrimination in housing financing.#
It shall be unlawful for any bank, building and loan association, insurance company, or other person whose business consists in whole or in part in the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling or to discriminate against him in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance because of the race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age of such person or such persons associated therewith or because of the race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age of the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings for which such loan or other financial assistance is to be made or given.
(Ord. No. 96-5, 4-23-96; Ord. No. 2000-08, § 5, 4-13-00)
State Law reference— Residential real estate related transaction, V.T.C.A., Property Code § 301.026.
Sec. 58-31. - Discrimination in providing brokerage service.#
It shall be unlawful for any person to deny another person access to membership in, or participation in any multiple listing service, real estate brokers' organization, or other service, organization or facility relating to the business of selling and renting dwellings or to discriminate against another person in the terms or conditions of such access, membership or participation, on account of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
(Ord. No. 96-5, 4-23-96; Ord. No. 2000-08, § 6, 4-13-00)
State Law reference— Similar provisions, V.T.C.A., Property Code § 301.027.
Sec. 58-32. - Unlawful intimidation.#
It shall be unlawful for any person to harass, threaten, harm, damage or otherwise penalize any individual, group or business because such individual, group, or business has complied with the provisions of this article or has exercised in good faith rights under this article, or has enjoyed the benefits of this article, or because such individual, group, or business has made a charge in good faith, testified in good faith or assisted in good faith in any manner in any investigation, or in any proceeding hereunder or has made any report to the director.
(Ord. No. 96-5, 4-23-96;; Ord. No. 2000-08, § 7, 4-13-00)
State Law reference— Intimidation or interference, V.T.C.A., Property Code § 301.071.
Sec. 58-33. - Exemptions and exclusions.#
(a)
Nothing in this article shall apply to:
(1)
Any single-family house sold or rented by an owner, provided that:
a.
Such private individual owner does not own more than three single-family houses at any one time; and
b.
If the owner does not reside in the house at the time of the sale or was not the most recent resident of such house prior to the sale, the exemption granted by this subsection shall apply only with respect to one such sale within any 24-month period; and
c.
Such bona fide private individual owner does not own any interest in, nor is there owned or reserved on such person's behalf, under any express voluntary agreement, title to or any right to all or any portion of the proceeds from the sale or rental of more than three such single-family houses at any one time; and
d.
The sale or rental is made without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person; and
e.
The sale or rental is made without the publication, posting or mailing of any advertisement or written notice in violation of this article; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title.
(2)
Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
(b)
For the purposes of subsection (a), a person shall be deemed to be in the business of selling or renting dwellings if:
(1)
He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; or
(2)
He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3)
He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
(c)
Nothing in this article shall prohibit a religious organization, association or society or a nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
(d)
Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members, or from giving preference to its members.
(e)
Nothing in this article shall bar any person from owning and operating a housing accommodation in which rooms are leased, subleased or rented only to persons of the same sex, when such housing accommodation contains common lavatory, kitchen or similar facilities available for the use of all persons occupying such housing accommodation.
(f)
Nothing in this article shall prohibit the sale, rental, lease or occupancy of any dwelling designed and operated exclusively for senior adults and their spouses, unless the sale, rental, lease or occupancy is further restricted on account of race, color, creed, religion, sex, national origin, physical or mental handicap and marital status.
(g)
Nothing in this article shall bar a person who owns, operates or controls rental dwellings, whether located on the same property or on one or more contiguous parcels of property, from reserving any grouping of dwellings for the rental or lease to tenants with a minor child or children; provided however, in the event that said reserved area is completely leased or rented, the person owning, operating or controlling said rental dwelling may not refuse to rent or lease any other available dwelling to the prospective tenant on the basis of the tenant's status as parent or any other of the protected classifications set forth in this article.
(Ord. No. 96-5, 4-23-96; Ord. No. 2000-08, § 8, 4-13-00)
State Law reference— Similar provisions, V.T.C.A., Property Code § 301.041 et seq.
Sec. 58-34. - Violations.#
No person shall violate any provision of this article, or knowingly obstruct or prevent compliance with this article.
(Ord. No. 96-5, 4-23-96; Ord. No. 2000-08, § 9, 4-13-00)
Sec. 58-35. - Enforcement.#
(a)
Generally. The director of the human relations department shall have the responsibility of administering and implementing this article. The director may delegate the authority to investigate and conciliate complaints to other designated city employees.
(b)
Complaints.
(1)
Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (hereinafter referred to as the "charging party") may file a complaint with the director. Such complaints shall be in writing and shall identify the person alleged to have committed or alleged to be committing a discriminatory housing practice and shall state the facts upon which the allegations of a discriminatory housing practice are based. The director shall prepare complaint forms and furnish them without charge to any person, upon request.
(2)
The director shall receive and accept notification and referral complaints from the U.S. Attorney General and the Secretary of Housing and Urban Development pursuant to the provisions of Title VIII, Fair Housing Act of 1968, Public Law 90-284, and shall treat such complaints hereunder in the same manner as complaints filed pursuant to subsection (1) of this section.
(3)
All complaints shall be filed within 180 days following the occurrence of an alleged discriminatory housing practice. Upon the filing or referral of any complaint, the director shall provide notice of the complaint by furnishing a copy of such complaint to the person named therein (hereinafter referred to as the "respondent") who allegedly committed or were threatening to commit an alleged discriminatory housing practice. The respondent may file an answer to the complaint within 15 days of receipt of the written complaint.
(4)
All complaints and answers shall be subscribed and sworn to before an officer authorized to administer oaths.
(5)
If at any time the director shall receive or discover credible evidence and shall have probably cause to believe that any person or persons have committed a discriminatory housing practice as to which no complaint has been filed or is about to be filed, the director may prepare and file a complaint upon his own motion and in his own name and such complaint shall thereafter be treated in the same manner as a complaint filed by a person aggrieved.
(c)
Investigation and conciliation.
(1)
Upon the filing or referral of a complaint as herein provided, the director shall cause to be made a prompt and full investigation of the matter stated in the complaint; provided, however, that before any charge becomes accepted for investigative purposes, the director or an investigator shall have personally reviewed with the charging party the allegations contained therein and shall have determined that said charge comes within the provisions of this article. In the event such review results in the determination that a particular charge does not come within the provisions of this article, the charging party shall be given a clear and concise explanation of the reasons why it does not.
(2)
If the director determines that there is not probable cause to believe that a particular alleged discriminatory housing practice has been committed, the director shall take no further action with respect to that alleged offense.
(3)
During or after the investigation, but subsequent to the mailing of the notice of complaint, the director shall, if it appears that a discriminatory housing practice has occurred or is threatening to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance of the discriminatory housing practice and to obtain adequate assurance of future voluntary compliance with provisions of this article. Nothing said or done in the course of such informal endeavors may be made public by the director, the commission, the investigator, the conciliator, the charging party, or the respondent, or be used as evidence in a subsequent proceeding without the written consent of all persons concerned.
(4)
Upon completion of an investigation where the director has made a determination that a discriminatory housing practice has in fact occurred, if the director is unable to secure from the respondent an acceptable conciliation agreement, then the human relations commission of the city must, upon a majority vote, refer the case to the city attorney for prosecution in municipal court or to other agencies as appropriate. With such recommendation of the director and the referral of the human relations commission, the director shall refer his entire file to the city attorney. The city attorney shall, after such referral, make a determination as to whether to proceed with prosecution of such complaint in municipal court.
(d)
Penalty. If a discrimination housing practice is found to have in fact occurred and the case has been referred to municipal court, the respondent shall be assessed a penalty of $300.00 per violation.
(Ord. No. 96-5, 4-23-96; Ord. No. 2000-08, §§ 10—12, 4-13-00)
Secs. 58-36—58-61. - Reserved.#
ARTICLE III. - RACIAL PROFILING#
Footnotes:
--- (3) --- Editor's note— Ord. No. 2001-25, §§ 2—7, adopted Dec. 11, 2001 did not specify manner of codification, hence; inclusion of these provisions as Art. III racial profiling, Div. 1, §§ 58-62—58-67, Div. 2, §§ 58-91—58-99 was at the discretion of the editor.
DIVISION 1. - GENERALLY#
Sec. 58-62. - Approval and adoption.#
The City [of] Burnet Racial Profiling Policy, attached hereto as Exhibit "A" and spread on the minutes of this meeting (the "policy"), is hereby approved and adopted. The racial profiling policy shall be and remain in full force and effect; until such time as repealed, modified or amended by resolution or ordinance of the city council. Where the policy conflicts with the Code of Criminal Procedure or a specific department policy, the more restrictive shall govern.
(Ord. No. 2001-25, § 2, 12-11-2001)
Sec. 58-63. - Orders of chief of police.#
The chief of police is responsible for the day-to-day operation of the police department and must operate and manage the police department in a manner consistent with the policies and procedures of the city, the laws of the State and Federal Government, the Code of Criminal Procedure, and the public safety needs of the citizens. The Chief may from time to time issue orders or specific policy statements for the police department that are consistent with the policy adopted herein for the police department and that are consistent with the personnel policies of the city as needed to guide officers and departmental practices not specifically addressed in the policy or that vary the policies as needed to create policies that will comply with changes in the law. The chief of police shall cause such policies and procedures, and any proposed modifications or amendments, to be drafted, prepared and recommended to the city council for review and action as necessary to serve the best interests of the city and the police department employees and citizens.
(Ord. No. 2001-25, § 3, 12-11-2001)
Sec. 58-64. - City council approval.#
The racial profiling policies and procedures of the police department of the city, and all revisions, modifications and amendments thereto, shall be approved by the city council, in its discretion, by resolution, and no such policies, procedures, revisions, modifications or amendments shall be in effect except as approved by the city council acting by resolution. Such policies, procedures, rules and regulations as are approved by resolution of the city council shall be and remain in effect until thereafter repealed, modified or amended by resolution, and all, or any part of, such policies, procedures, rules, regulations, revisions, modifications and amendments may be repealed, deleted, modified or amended, at any time by the city council acting in its discretion.
(Ord. No. 2001-25, § 4, 12-11-2001)
Sec. 58-65. - Audio and video equipment.#
The chief of police shall, immediately, upon enactment of this policy, commence examination of the feasibility of installing video camera equipment and transmitter-activated equipment in any city motor vehicle, now owned or acquired after passage of this policy, regularly used to make traffic stops, and transmitter-activated equipment in each city motorcycle, now owned or acquired after the passage of this policy, regularly used to make traffic stops, and shall report to the city council any such vehicles which are not equipped with adequate equipment. The report shall include funding options available to the city, including any funding available through the department of public safety.
In the event that the findings of such examination supports the installation of additional equipment in any motor vehicle required to be equipped but not already equipped, the chief of police is authorized and directed to apply for funding to secure the additional equipment and if funds are available, shall take such actions as necessary to ensure installation of such additional equipment as expeditiously as feasible. The chief of police is authorized and directed to certify to the department of public safety any need for additional equipment for which funds are not available. On receipt of either sufficient funds or video and audio equipment, the chief of police shall direct such actions as necessary to expeditiously install and begin the operation of video and transmitter-activated equipment in each motor vehicle regularly used to make traffic stops, and shall direct such actions as necessary to expeditiously install and begin the operation of transmitter-activated equipment on each motorcycle regularly used to make traffic stops. The chief of police is authorized and directed to certify to the department of public safety that such equipment has been installed and is being used to record each traffic and pedestrian stop made by a peace officer employed by the city that is capable of being recorded by video and audio or audio equipment, as appropriate.
(Ord. No. 2001-25, § 5, 12-11-2001)
Sec. 58-66. - Interpretation and construction.#
The policies and procedures, rules and regulations of police department shall be interpreted and construed consistent with the Code of Criminal Procedure. The general policies and procedures of the police department shall not be interpreted or construed as creating third party rights. The policies and procedures, rules and regulations of the police department shall be interpreted as a general guideline to be used by the police department to promote professionalism and organizational development. Nothing in the policy, or its amendments, shall be interpreted or construed as an obligation, mandate, requirement or agreement of the city or the police department to function or operate in the manner or methods described therein.
(Ord. No. 2001-25, § 6, 12-11-2001)
Sec. 58-67. - Governmental immunity.#
Nothing in this policy shall be deemed to waive, modify or amend any legal defense available at law or in equity to either the city, the police department or its employees nor to create any legal rights or claims on behalf of any third party. Neither the city, the police department nor its employees waives, modifies or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas.
(Ord. No. 2001-25, § 7, 12-11-2001)
Secs. 58-68—58-90. - Reserved.#
DIVISION 2. - RACIAL PROFILING POLICY#
Sec. 58-91. - Policy and purpose.#
This racial profiling policy is adopted to require compliance with the mandates of V.T.C.A. Code of Criminal Procedure, §§ 2.131—2.136, prohibiting Texas peace officers from engaging in racial profiling.
(Ord. No. 2001-25, Exh. A, 12-11-2001)
Sec. 58-92. - Definitions.#
Acts constituting racial profiling: any traffic, pedestrian stop, including a subsequent arrest or search, or similar law enforcement-initiated action based solely on the race, ethnicity or national origin of an individual. Race, ethnicity or national origin may be legitimate in law enforcement-initiated action when used as part of an actual description of a specific suspect or when used in conjunction with other known factors of a suspect.
Pedestrian stop: means an interaction between a peace officer and an individual who is being detained for the purposes of a criminal investigation in which the individual is not under arrest.
Race or ethnicity: means of a particular descent, including Caucasian, African, Hispanic, Asian or Native American descent.
Racial profiling: means a law enforcement-initiated action based on an individual's race, ethnicity or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity.
Traffic stop: means the stopping of a motor vehicle by a peace officer for an alleged violation of law or ordinance regulation traffic.
(Ord. No. 2001-25, Exh. A, 12-11-2001)
Sec. 58-93. - Prohibition.#
Peace officers of the City of Burnet are strictly prohibited from engaging in acts constituting racial profiling. The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors provided probable cause, other than just race, ethnicity or national origin, exist for the law enforcement-initiated action.
(Ord. No. 2001-25, Exh. A, 12-11-2001)
Sec. 58-94. - Complaint process and public education.#
Any person who believes that a peace officer employed by the city has engaged in racial profiling with respect to that person may file a sworn complaint with the chief of police. Should the complaint be against the chief of police, the complaint shall be filed with the city secretary. Such complaints shall be in writing, sworn and signed by the complainant. However, should an individual be incapable of writing, the city employee receiving the complaint shall ensure that the individual is assisted in reducing the same to writing and signing the complaint.
Each complaint shall be reviewed according to the grievance procedures for the police department. Complaints against the chief of police shall be handled according to the grievance procedures of the city.
In the event that a complaint of racial profiling filed by an individual involves an occurrence that was recorded on audio or video, the chief of police shall, upon commencement of the investigation of the complaint and upon written request of the officer, promptly provide a copy of the recording to the peace officer that is a subject of the complaint.
(Ord. No. 2001-25, Exh. A, 12-11-2001)
Sec. 58-95. - Corrective action.#
Any peace officer who is found, through an investigation or admission, to have engaged in prohibited racial profiling shall be subject to corrective action. The peace officer's supervisor, having authority to discipline, may issue a reprimand; require diversity, sensitivity or other appropriate training or counseling; order paid or unpaid suspension; terminate the of employment of the peace officer, or take any other action determined to be appropriate.
A single act constituting racial profiling may not be considered a pattern of racial profiling, and may not be grounds for corrective action beyond a verbal warning.
All complaints concerning peace officers of the city received by the city shall be handled according to the policies of the city in force at such time as the complaint is filed for citizens complaints. Any adverse actions taken as a result of the complaint may be appealed in the same manner as provided in the personnel policy.
(Ord. No. 2001-25, Exh. A, 12-11-2001)
Sec. 58-96. - Collection and report requirements for traffic stops for which a citation is issued or arrest made.#
For each traffic stop which results in a citation being issued, a peace officer is required to collect information relating to traffic stop. On the citation, the peace officer must indicate: (1)
The violators race or ethnicity, to the best of the officer's ability to determine the race or ethnicity;
(2)
Whether a search was conducted;
(3)
Whether the search consensual or not; and,
(4)
Whether an arrest was made for the cited violation.
Not later than March 1 of each year, the chief of police shall submit a report, based on the information gathered from the traffic citations written in the proceeding calendar year (January 1 —December 31), to the city council containing the following information as documented in the traffic citations written from the preceding calendar year: (1)
The number of traffic citations written, regardless of the number of offenses indicated thereon or the disposition of the cases;
(2)
A breakdown of the race or ethnicity of each individual cited in a traffic stop;
(3)
Number of traffic citations that resulted in a search;
(4)
Number of searches conducted and, of the searches conducted, the number of searches having been by consent and without consent; and,
(5)
Number of arrests resulting from the traffic stop.
The annual report shall not include identifying information about any individual stopped or arrested, and shall not include identifying information about any peace officer involved in a stop or arrest.
(Ord. No. 2001-25, Exh. A, 12-11-2001)
Sec. 58-97. - Audio and video equipment.#
If the equipment used to record audio and/or video of traffic or pedestrian stops is malfunctioning or otherwise not operable, the peace officer in charge of the vehicle shall immediately report the failure to the immediate supervisor. The chief of police, or the chief's designee, shall be notified of a malfunction or inoperable equipment that is not repaired within 24 hours of malfunction. Should the equipment not be repairable within 24 hours, the chief of police, or the chief's designee, shall determine the necessity of use of the vehicle containing the inoperable or malfunctioning equipment.
Given the resources available, the vehicle should not be utilized with inoperable or malfunctioning equipment, unless the vehicle is necessary for public safety purposes and to continue the operations of the department. When feasible, the motor vehicle containing inoperable or malfunctioning equipment shall be parked until such time as the equipment can be repaired or replaced. Should the motor vehicle containing malfunctioning or inoperable equipment be necessary for public safety, the operator's duties shall, as much as possible, be limited to necessary pedestrian and traffic stops only until the equipment is repaired or replaced. Any traffic or pedestrian stops made while the equipment is malfunctioning or inoperable, shall be called in with a request for back-up from any motor vehicle of the department available with audio and video equipment.
Audio and video equipment that must be replaced or repaired for which funds for repair or replacement are not available, the chief of police shall report to the city council, at the first available council meeting, the need for additional funding with a report on funding options. If application to the department of public safety is necessary, the chief of police shall make such application as expeditiously as practicable.
(Ord. No. 2001-25, Exh. A, 12-11-2001)
Sec. 58-98. - Review of video and audio documentation—Standards.#
This department shall retain the video and audiotapes, or the audiotape of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with this department alleging that one of our officers has engaged in racial profiling with respect to a traffic or pedestrian stop, this department shall retain the video and audiotapes, or the audiotape of the stop until final disposition of the complaint.
In conjunction with preparation of the annual report required under section 58-96 above, the chief of police, or the chief's designee, shall periodically conduct reviews of a randomly-selected sampling of video and audio recordings made recently by peace officers employed by the city in order to determine if acts or patterns of racial profiling exist for any peace officer. Supervisors will ensure peace officers are recording the traffic and pedestrian stops. A recording of each officer will be reviewed at least once every 90 days.
In reviewing audio and video recordings, the chief of police, or the chief's designee, shall seek to determine if the peace officer involved therein has engaged in acts or a pattern acts constituting racial profiling for which there is no reasonable, credible explanation based on established police and law enforcement procedures for the law enforcement initiated action. Immediate corrective measures shall be taken for any confirmed or suspected acts of racial profiling, including but not limited to additional training and education.
(Ord. No. 2001-25, Exh. A, 12-11-2001)
Sec. 58-99. - Training and education.#
(a)
The chief of police shall ensure that each peace officer employed by the city shall complete the education and training programs on racial profiling established by the Texas Commission of Law Enforcement Officer Standards and Education (TECLEOSE) as required.
(b)
The chief of police shall, in completing the training required by V.T.C.A., Texas Education Code § 96.641, complete the program on racial profiling established by the Bill Blackwood Law Enforcement Management Institute of Texas.
(c)
The police department will, as feasible, inform the public of its policy against racial profiling and the complaint process including posting a notice of procedures in the lobby of the police department. Methods that may be utilized to inform the public are the news media, radio, service or civic presentations, the Internet, as well as city council meetings.
(Ord. No. 2001-25, Exh. A, 12-11-2001)
Secs. 58-100—58-120. - Reserved.#
ARTICLE IV. - AFFORDABLE HOUSING#
DIVISION 1. - GENERALLY#
Secs. 58-121—58-135. - Reserved.#
DIVISION 2. - HOMETOWN HOUSING PROGRAM#
Sec. 58-136. - Burnet hometown housing program.#
(a)
Scope. To encourage the development of affordable housing options to residents of Burnet by development and utilization of existing residential lots in the city and to promote job creation through home construction. To assist in the reduction of home construction costs, the city will waive certain fees and other costs for eligible lots in the city's neighborhood empowerment zones.
(b)
Eligible lots.
(1)
Lots must be located in the designated neighborhood empowerment zone(s); and,
(2)
Lots must be zoned for single family, duplex, triplex or four-plex residential units; and,
(3)
Lots must have existing utilities and paved streets in place at the time a building permit is requested. If the lot does not meet this requirement, the applicant or owner must bring the property into compliance with this subsection before the lot will be considered as an eligible lot.
(c)
Target area/neighborhood. The targeted areas shall be the neighborhood empowerment zone(s) as adopted by the city council from time to time.
(d)
City participation.
(1)
Provide information. The city shall make information on the program available to prospective homebuyers, builders and other interested parties;
a.
Fee waiver. All building permit fees, standard water tap fees, standard sewer tap fees, and standard electrical connection fees for new residential construction shall be waived
(e)
Baseline performance standards.
(1)
Homes must meet all local, state and federal codes, ordinances, rules, and laws and statutes
(2)
Builders are encouraged to include alternative building materials that address concerns relating to the environment or to the building costs, maintenance, or energy consumption (or as otherwise amended by state law) in any proposed structures.
(Ord. No. 2014-11, § 2, 5-27-14)
Editor's note— Ord. No. 2014-11, § 2, adopted May 27, 2014, repealed §§ 58-136—58-143 in their entirety, and enacted a new § 58-136 to read as set out herein. Former §§ 58-136—58-143 pertained to scope; qualifying lots; target area/neighborhood; target income range; established price range; target buyer; city participation; and restrictions, respectively, and were derived from Ord. No. 2004-04, § 2(A)—(H), adopted January 27, 2004.