Antique Vehicle.
A passenger car or truck that is at least 25 years old.
Enforcement Authority.
Any peace officer or code enforcement officer employed by the City of Gonzales.
Junked Vehicle.
A vehicle that:
(1) 
Is self-propelled; and
(A) 
Does not have lawfully attached to it an unexpired license plate; or
(B) 
Does have lawfully attached to it an unexpired license plate but does not have lawfully attached to it a valid motor vehicle insignia (registration sticker); and
(2) 
Is:
(A) 
Wrecked, dismantled or partially dismantled, or discarded;
(B) 
Substantially disfigured, damaged, or disintegrated;
(C) 
Ruined, destroyed or demolished; or
(D) 
Inoperable and has remained inoperable for more than:
(i) 
Seventy-two (72) consecutive hours, if the vehicle is on public property;
(ii) 
Thirty (30) consecutive days if the vehicle is on private property.
Motor Vehicle.
Any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act.
Motor Vehicle Collector.
A person who owns one or more antique or special interest vehicles and who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for his own use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest.
Motor Vehicle Demolisher.
Any person in the business of converting motor vehicles into processed scrap or scrap metal, or to otherwise wreck or dismantle motor vehicles.
Special Interest Vehicle.
A motor vehicle of any age which has not been altered or modified from original manufacturer’s specifications and, because of its historic interest, is being preserved by a hobbyist.
Storage Facility.
A garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing, or parking of motor vehicles.
(Ordinance 2018-22 adopted 7/12/18)
A junked vehicle, including a part of a junked vehicle that is visible at any time of the year from a public place or public right-of-way is hereby declared a public nuisance because it:
(1) 
Is detrimental to the safety and welfare of the public;
(2) 
Tends to reduce the value of private property;
(3) 
Invites vandalism;
(4) 
Creates a fire hazard;
(5) 
Is an attractive nuisance creating a hazard to the health and safety of minors; and
(6) 
Produces urban blight adverse to the maintenance and continuing development of the city.
(Ordinance 2018-22 adopted 7/12/18)
(a) 
A person commits an offense if the person maintains a public nuisance described by Section 8.202 of this article.
(b) 
An offense under this section is a misdemeanor punishable by a fine not to exceed two hundred and no/100 dollars ($200.00).
(c) 
The court shall order abatement and removal of the nuisance on conviction.
(Ordinance 2018-22 adopted 7/12/18)
The following vehicles or parts thereof are excepted from the provisions of this article:
(1) 
A vehicle or vehicle part which 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 vehicle or vehicle part which is stored or parked in a lawful manner on private property that is an antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collector’s property, provided that the vehicle or part and the outdoor storage area, if any, are:
(A) 
Maintained in an orderly manner;
(B) 
Do not constitute a health hazard; and
(C) 
Screened from ordinary public view by means of a fence. Fences shall be consistent with building regulations and zoning requirements applicable to the property.
(3) 
An unlicensed, operable or inoperable antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collector’s property, provided that the vehicle or part and the outdoor storage area, if any, are:
(A) 
Maintained in an orderly manner;
(B) 
Do not constitute a health hazard; and
(C) 
Screened from ordinary public view by means of a fence. Fences shall be consistent with building regulations and zoning requirements applicable to the property.
(Ordinance 2018-38 adopted 10/11/18)
(a) 
Any peace officer, code enforcement officer or other regularly salaried, full-time city employee authorized to enforce this article, may enter the public areas of any building or premises, not a private residence or dwelling, structure or completely enclosed structure on private property, at all reasonable times whenever necessary in the performance of his duties to inspect and investigate for violations of any law, or to enforce any law.
(b) 
The authority to inspect shall include but not be limited to the authority to examine vehicles or parts thereof, obtain information as to identity of vehicles and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance.
(c) 
If such building or premises be occupied and involved in conducting business, he shall first present proper credentials and demand entry, unless otherwise permitted by law. If such entry is refused, or, if no owner or other person having charge or control of the building or premises can be located, he shall have recourse to every remedy provided by law to secure entry.
(Ordinance 2018-22 adopted 7/12/18)
The procedure for the abatement and removal of a junked vehicle or part thereof, as a public nuisance, from private property, public property, or public right-of-way shall be as follows:
(1) 
Once a determination has been made that a public nuisance under this article exists, the enforcement authority shall give not less than ten (10) days written notice to:
(A) 
The last known registered owner of the public nuisance;
(B) 
Each lienholder of record; and
(C) 
The owner or occupant of:
(i) 
The property on which the public nuisance is located; or
(ii) 
If the public nuisance is located on the public right-of-way, the property adjacent to the right-of-way.
(2) 
The notice must be personally delivered or sent by certified mail with a five-day return requested. If the address of the last known registered owner is unknown, notice may be placed on the public nuisance. If the notice is returned undelivered, action to abate the public nuisance shall not be taken until the 11th day after the date of return;
(3) 
The notice must state that: The public nuisance must be removed not later than the 10th day after the date on which the notice was personally delivered, mailed, or placed on the public nuisance; and
(4) 
A request for a hearing must be made not later than the 10th day after the notice was personally delivered, mailed, or placed on the public nuisance.
(Ordinance 2018-22 adopted 7/12/18)
(a) 
The city manager or authorized designee shall conduct a public hearing if timely requested by a person who received notice under Section 8.206.
(b) 
The hearing shall be held not earlier than the 11th day after the service of notice in Section 8.206.
(c) 
At the hearing, the junked vehicle is presumed to be inoperable, unless demonstrated otherwise.
(d) 
An order requiring the removal of the public nuisance must contain a description, license plate number, and identification number of the public nuisance, if available at the location of the nuisance.
(e) 
A judge of the municipal court of the city may issue necessary orders to enforce the procedures for the abatement and removal of a public nuisance under this article.
(Ordinance 2018-22 adopted 7/12/18)
(a) 
Once abatement proceedings have been commenced, the relocation of the public nuisance to another location in the city has no effect on the proceedings.
(b) 
Once the public nuisance is removed, it may not be reconstructed or made operable.
(c) 
If the public nuisance is not removed by the 10th day after proper notice, the enforcement authority may remove it or cause it to be removed.
(d) 
No later than the 5th day after removal, the enforcement authority shall give notice to the Texas Department of Motor Vehicles of the removal.
(e) 
A citation may be issued and a complaint may be filed in the municipal court of the city for the violation of maintaining a public nuisance, if the nuisance is not removed and abated and a hearing is not requested within the ten (10) day period provided in Section 8.207.
(Ordinance 2018-22 adopted 7/12/18)
A junked vehicle or part thereof may be disposed of by removal to a scrapyard, a motor vehicle demolisher, or any suitable site operated by the city, for processing as scrap or salvage pursuant to authority provided in the Texas Transportation Code, § 683.078 or any successor statute for junked vehicle disposal.
(Ordinance 2018-22 adopted 7/12/18)
Nothing in this article shall affect laws that permit immediate removal of a vehicle left on public property that is obstructing traffic or laws that establish procedures for taking possession of abandoned vehicles.
(Ordinance 2018-22 adopted 7/12/18)