Dallas staff preview omnibus code cleanup, say package will remove outdated and preempted rules

City staff told the Dallas Quality of Life, Arts and Culture Committee on May 19 that a planned omnibus ordinance will amend, repeal or clarify more than 30 chapters of the municipal code to remove outdated, duplicative or legally preempted provisions.

The briefing, led by Liz City Opereira, assistant city manager, and Luis Loya of the city manager’s office, described a “100-day sprint” goal from the city manager to sweep legacy rules and align the code with current state and federal law. “The code spans decades of ordinances, some outdated, some unenforceable,” Opereira said. “Some state laws and federal laws have changed, preempting our local regulations in several areas.”

City staff said the omnibus ordinance will target provisions that are duplicative, preempted, outdated or unenforceable and will preserve core city authority while clarifying duties and enforcement. “It’s a single ordinance updating, repealing, or clarifying sections across 30 plus chapters,” Loya said. He cited examples staff propose to remove in whole or part: Chapter 13A (Dallas transit system rules predating DART), Chapter 39 (railroad regulations now federally preempted), and long‑unused rules on loan brokers, private detectives and utility‑tree rules from the 1940s.

Staff also described modernization changes: Chapter 2 updates to reflect shifts in fleet services and transportation/public works; Chapter 18 updates to trash collection, bulky-waste and franchise rules; and revised enforcement language for ATM, sidewalk and parking enforcement in Chapter 12B/28. Loya said the package includes repeal of COVID-era provisions no longer in effect, such as an eviction-notice requirement, and provisions preempted by state law — he specifically cited earned paid sick leave and certain rest‑break mandates that state law now covers.

Committee members pressed staff for details on several items. Council member Willis raised shopping-cart regulation under Code Chapter 31–40 and asked what the current ordinance provides and what enforcement options would remain. Jeremy Reid, assistant director of Code Compliance, said the section being repealed is 31‑40, “Possession of Shopping Carts,” which makes it an offense to possess a cart off the premises where it belongs — a provision Code Compliance has not enforced because it would require criminal identification and enforcement of the person possessing the cart. Reid added that shopping carts are still covered under the litter ordinance in Chapter 7A, which staff said remains unchanged and allows immediate cleanup of abandoned carts found on public property.

Casey Burgess of the city attorney’s office confirmed that removing the possession offense would not make cart theft lawful: “If somebody does take a shopping cart from a store, that would still be considered theft,” Burgess said. But he acknowledged that repealing the possession section would remove a standalone offense for possession off premises; staff promised follow-up on signage and how business owners and the public will be notified.

Council members also asked for more review before deleting certain “unenforced” provisions. Members asked staff to assemble a clear list of provisions identified as unenforced due to prosecutorial discretion or other reasons, and to consult outside stakeholders — for example, utility companies — before repealing prohibitions on posting on utility poles. “Before we delete that, we need to consult them because there is a deterrence effect to an ordinance banning certain behavior,” one committee member said.

Staff stressed that the omnibus package is intended for technical cleanup and not for substantive policy changes. Opereira said departments submitted a wide list, including “wish list” items; those that constitute policy changes were excluded from this omnibus effort and will follow the regular code amendment process.

Next steps: staff said the package reflects interdepartmental review and vetting by the city attorney’s office and that the item will be scheduled for full council consideration in June. Committee members asked staff to return with: (1) a compiled list of provisions identified as unenforced (especially those affected by prosecutorial discretion); (2) clarification about business responsibilities and signage for shopping carts; and (3) consultation results with utility companies and other affected stakeholders before final deletions are posted for council action.

The committee did not take a formal vote on the omnibus package at the briefing; staff described it as an informational presentation ahead of formal council consideration.