A junked vehicle that is located in a place where it is visible from a public place or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the state by producing urban blight adverse to the maintenance and continuing development of the city, and is a public nuisance. This article shall not apply to:
(1) 
A junked vehicle or a part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;
(2) 
A junked vehicle or a part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard; or
(3) 
An unlicensed operable or inoperable antique or special interest motor vehicle stored by a collector on his property; provided that the motor vehicle and the outdoor storage area are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means.
(Ordinance 88-4, sec. I, adopted 8/20/88)
Junked vehicle.
A vehicle that:
(1) 
Is:
(A) 
Wrecked, dismantled or partially dismantled, or discarded; or
(B) 
Inoperable and has remained inoperable for more than:
(i) 
72 consecutive hours, if the vehicle is on public property; or
(ii) 
30 consecutive days, if the vehicle is on private property.
For purposes of this article, “junked vehicle” includes a motor vehicle, aircraft, recreational vehicle (RV), towable recreational vehicle, or watercraft. This article applies only to:
(1)
A RV or towable recreational vehicle;
(2)
A motor vehicle that displays an expired license plate or does not display a license plate;
(3)
An aircraft that does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under Federal Aviation Administration aircraft registration regulations in 14 C.F.R. part 47; or
(4)
A watercraft that:
 
(A)
Does not have lawfully on board an unexpired certificate of number; and
 
(B)
Is not a watercraft described by section 31.055, Parks and Wildlife Code.
(Ordinance 88-4, sec. II, adopted 8/20/88; Ordinance adopting Code; Ordinance 5-22-2025-1 adopted 5/22/2025)
(a) 
Whenever a public nuisance on any private lot, tract or parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, exists within the city limits in violation of section 8.04.001 hereof, a regularly salaried, full-time employee of the city shall send notice to the last known registered owner of the junked vehicle or part thereof, any lienholders of record, and the owner or occupant of the private lot, tract or parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, on which the public nuisance exists, to abate or remove the public nuisance. If the public nuisance exists on public property, or on a public right-of-way, such notice shall be sent to the last known registered owner of the junked vehicle or part thereof, any lienholders of record, and the owner or occupant of the public premises or the premises adjacent to the public right-of-way on which the public nuisance exists. Such notice shall:
(1) 
Be in writing;
(2) 
Specify the nature of the public nuisance and its location;
(3) 
Specify the corrective measures required;
(4) 
Provide for compliance within ten (10) days from the date of receipt of said notice;
(5) 
Provide for a public hearing before the judge of the municipal court of the city when such a hearing is requested within ten (10) days after service of notice to abate the public nuisance.
(b) 
Said notice shall be served by certified mail with a five (5) day return requested. If the notice is returned undelivered by the United States Postal Service, official action to abate said public nuisance shall be continued to a date not less than ten (10) days from the date of such return.
(Ordinance 88-4, sec. III, adopted 8/20/88)
(a) 
If the public nuisance in violation of section 8.04.001 hereof is not removed and abated within ten (10) days of receipt of the notice provided for in section 8.04.003 herein, or if a public hearing is requested by the person receiving the notice, an action shall be commenced by filing a complaint in the municipal court for the city against the person maintaining the public nuisance prior to removal of the public nuisance by a person duly authorized by the city.
(b) 
A complaint shall not be filed before the expiration of ten (10) days from service of notice to abate the public nuisance. If the defendant named in a complaint filed under this section is found guilty of maintaining a public nuisance, or if the defendant fails to appear for trial, a person duly authorized by the city may remove the junked vehicle or part thereof upon the expiration of ten (10) days from the date of the order entered by the municipal court of the city ordering removal. The order must include a description of the junked vehicle or part thereof and the correct identification number and license number of the junked vehicle or part thereof, if such information is available.
(Ordinance 88-4, sec. IV, adopted 8/20/88)
When any person is charged with maintaining a public nuisance in violation of section 8.04.001 hereof, proof that the junked vehicle or part thereof was, on the date of the alleged offense, owned by the defendant or located on premises owned or occupied by the defendant shall constitute prima facie evidence that the alleged public nuisance was maintained by the defendant.
(Ordinance 88-4, sec. V, adopted 8/20/88)
If the owner or occupant of any private lot, tract or parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, or the owner or occupant of public premises or the premises adjacent to the public right-of-way on which the public nuisance exists, within ten (10) days after receipt of notice to abate the public nuisance as herein provided, shall give his written permission to a person duly authorized by the city to remove the junked vehicle or part thereof from the premises, the giving of such permission shall be considered compliance with the provisions of this article.
(Ordinance 88-4, sec. VI, adopted 8/20/88)
Within five (5) days after the date of removal of the junked vehicle or part thereof from any premises under the provisions of this article, notice thereof shall be given to the state department of transportation. Said notice shall include a description of the junked vehicle or part thereof and the correct identification number and license number, if available.
(Ordinance 88-4, sec. VIII, adopted 8/20/88)
The provisions of this article shall be administered by regularly salaried, full-time employees of the city, except that the removal of the junked vehicle or part thereof may be made by any person duly authorized by the city.
(Ordinance 88-4, sec. IX, adopted 8/20/88)
Junked vehicles or parts thereof shall be disposed of by removal to a scrap yard, demolisher, or any other suitable site operated by the city or the county for processing as scrap or salvage, which process shall comply with section 8.04.007 of this article.
(Ordinance 88-4, sec. X, adopted 8/20/88)
Any person duly authorized by the city to administer the provisions of this article may enter upon any private property for the purposes specified in this article to examine a motor vehicle or part thereof, to obtain information as to the identity of a motor vehicle, and to remove or cause the removal of a motor vehicle or part thereof that constitutes a public nuisance pursuant to this article. The municipal court of the city shall have authority to issue all orders necessary to enforce this article.
(Ordinance 88-4, sec. XI, adopted 8/20/88)
In any complaint and in any action or proceeding brought for the enforcement of any provision of this article, it shall not be necessary to negative any exception, excuse, proviso or exemption contained in this article. The burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.
(Ordinance 88-4, sec. XII, adopted 8/20/88)
Every person convicted of a violation of any of the provisions of this article shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance 88-4, sec. XIII, adopted 8/20/88; Ordinance adopting Code)