ARTICLE 6.03 CONDITIONS AND ACTIVITIES THAT ARE NUISANCES [1]

The following businesses, activities, conditions and uses of property within the city are hereby declared to be public nuisances:

Automobile wrecking yards.

Automobile junkyards/salvage yards.

The use of property for the storage, sale or repair of junked or wrecked automobiles.

The use of property for the storage or sale of furniture, appliances, or other household articles, used or secondhand lumber, other building materials, or metal or wire of any kind.

The failure to keep property free of dead carcasses or decaying flesh, fish, fowl, vegetables, stagnant water, slops, trash, rubbish or other substances that are likely to become unwholesome, filthy, offensive, toxic, unhealthy or likely to create or engender disease or emit offensive, unhealthy or annoying odors.

The burning in the open air of hair, leather, rags or other substances emitting an offensive, unhealthy or annoying odor.

Defecating or urinating in public.

(8)

The sale or discharge of fireworks.

(9)

Dumping or placing dung, feces, urine, or other unclean or filthy substance or liquid, trash or other rubbish of any character, or dead animals, birds or fowls, or fragments thereof, upon the premises of another.

(10)

The accumulation or storage of lumber, furniture, appliances, fixtures, cans, tires, containers, junk, trash or debris that causes an unsightly view from the street or road or neighboring homes.

(11)

Weeds, grass and undergrowth over 12 inches.

(12)

Brush piles, debris, rubbish or other materials that constitute a fire hazard or are conducive to harboring rats, snakes, mice, varmints or disease carrying animals.

(13)

The pollution of any stream, drain or tributary thereof.

(14)

The dumping of trash, rubbish, debris, dead animals or junk on public streets, rights-of-way and improved or unimproved property within the city limits.

(15)

The operation of a home-based business or any other activity in a way that regularly or frequently causes an amount of vehicular traffic that is excessive and unreasonable in a residential neighborhood and is destructive of the tranquility and enjoyment of a residential area.

(16)

Vehicles parked permanently or regularly on the street.

(17)

Vehicles parked in front or side yards not parked on an approved surface; this means concrete, asphalt, or 6 inches of gravel with a border. Up to two (2) vehicles may be parked in back yards provided they are at least 50 feet from the front plane of the house, and do not create an unsightly view from the road or neighboring homes.

(18)

Lighting that produces such obnoxious and intense glare with such frequency and for such extended period of time that it prevents the use and enjoyment of adjacent property.

(19)

Explosive devices and explosive sound sources including, but not limited to, the use of fireworks, explosives, or the firing of guns or other explosive devices, including Tannerite, in such a manner as to cause a noise disturbance. No such noise disturbance shall be deemed to exist when the activity is allied with or sanctioned by ordinance, statute, or other authority of the city or state and the activity is conducted in strict accordance with said ordinance, statute, or other authority.

(20)

Any other use of property or activity that the city council has heretofore declared to be a public nuisance.

§ 6.03.002 Operation of off-road vehicles.

All substandard buildings or structures declared to be nuisances under section 7.03.003 shall likewise be nuisances under this section.

(Ordinance 18-06, sec. 6.200.001, adopted 4/10/18; Ordinance 19-07 adopted 5/14/19; Ordinance 2021-18 adopted 12/14/21)

“Off-road vehicles” means any motor vehicle on four wheels or fewer than four wheels, such as a four wheeler or a motorcycle or a go-kart, that is capable of being operated on terrain other than streets, roads or driveways.

The act of operating an off-road vehicle within the city limits in any offensive or annoying manner is prohibited.

(Ordinance 18-06, sec. 6.200.002, adopted 4/10/18)

§ 6.03.003 Excessive noise.

It shall be unlawful for any person to use or operate, cause to be operated, or allow to be used or operated, any mechanical device, electrical device, machine, apparatus or instrument to create, intensify or amplify any sound to the annoyance or inconvenience of travelers upon any street or public place or of persons in neighboring premises.

The following list includes, but is not limited to, activities which can create unreasonably loud disturbing noises in violation of this article.

The playing of any radios, television, musical instruments, loudspeakers, sound amplifiers and similar devices in such manner or with such volume, particularly during the hours between 10:00 p.m. and 7:00 a.m., to be made unreasonably loud in the city which disturb the sensibilities of a reasonable, prudent person, or renders the enjoyment of life or property uncomfortable, interferes with public peace and comfort, or in such manner as to cause a noise disturbance.

The use of any loudspeakers, sound amplifiers and similar devices of such intensity that annoy or disturb the sensibilities of a reasonable, prudent person, or renders the enjoyment of life or property uncomfortable, interferes with public peace and comfort, or in such manner as to cause a noise disturbance.

The keeping of any animal or fowl which by causing frequent or long-continued noise shall disturb the sensibilities of a reasonable, prudent person, or renders the enjoyment of life or property uncomfortable, interferes with public peace and comfort, or in such manner as to cause a noise disturbance.

The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle except as a danger or warning signal; the creation by means of any such signal device of any unreasonable loud or harsh noise for any unnecessary and unreasonable period of time.

The discharge into the open air of the exhaust of any internal combustion engine or motor vehicle or boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

The use of any automobile, motorcycle or vehicle in a state of disrepair or loaded or operated in such a manner as to create loud or unnecessary noises such as spinning or squealing of tires, loud or defective exhaust, grating, grinding, rattling or other noise.

§ 6.03.004 Abandoned and junked motor vehicles.

The erection, including excavation, demolition, alteration or repair work on any building between the hours of 8:00 p.m. and 7:00 a.m., except in case of urgent necessity or in the interest of public safety and convenience, and then only by permit from the city, which permit may be renewed during the time the emergency exists.

(8)

The creation or causing of any unreasonable or excessive noise by any means that is calculated to disturb the sensibilities of a reasonable, prudent person, or renders the enjoyment of life or property uncomfortable, interferes with public peace and comfort, or in such manner as to cause a noise disturbance.

(c)

Penalty:

A violation of this section shall be a class C misdemeanor and the penalty for any person violating any of the provisions of this section shall be a fine of not less than one dollar ($1.00) and no more than two thousand dollars ($2,000), and each day a violation exists shall be a separate offense. Evidence of a culpable mental state is required in accordance with section 6.02 of the Texas Penal Code, as amended.

(Ordinance 18-06, sec. 6.200.003, adopted 4/10/18; Ord. No. 2024-08 adopted 6/11/2024)

Definitions.

The following words, terms, and phrases as used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned motor vehicle.

A motor vehicle that:

Is inoperable and left unattended on public property for more than seventy-two (72) hours;

Has remained illegally on public property for a period of more than seventy-two (72) hours;

Has remained on private property without the consent of the owner or person in control of the property for more than seventy-two (72) hours;

Is left unattended on the right-of-way of a city street or designated county, state, or federal highway within the city for more than seventy-two (72) hours.

Antique auto.

A passenger car or truck that is more than twenty-five (25) years old.

Collector.

The owner of one or more street rods, antique, special interest, or custom vehicles, who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve, or maintain a street rod, antique, special interest or custom vehicle for historic interest.

Custom vehicle.

Any motor vehicle that is at least twenty-five (25) years old or was manufactured to resemble a vehicle twenty-five (25) or more years old and has been altered from the manufacturer’s original design; or has a body constructed from non-original materials.

Inoperable.

Not capable of being used, or operated, due to incapability.

For vehicles designed to be operated upon or drawn upon the public streets or for which a valid motor vehicle registration certificate is required to legally do so; inoperable means a vehicle that, due to mechanical failure, breakdown, or disrepair, cannot be started, driven, operated, steered, drawn, or stopped as designed to be done, or that is otherwise incapable of being lawfully driven upon or drawn upon a highway, which would include but is not limited to vehicles lacking motor vehicle registration, a working engine, transmission, wheels, inflated tires, doors, windshield or any other part or equipment necessary for its legal and safe operation on a highway or any other public right-of-way; and

For self-propelled vehicles not subject to state motor vehicle registration, including self-propelled off-road vehicles designed and intended to be operated in places other than public streets, including but not limited to race cars, dirt track vehicles, all-terrain vehicles and golf carts, inoperable means not usable for the vehicle's designed and intended purpose.

Junked trailer.

A vehicle that is not self-propelled and is designed or commonly used to haul or move goods, campers, vehicles, or watercraft, via attachment to a self-propelled motor vehicle, and the vehicle that is not self-propelled displays an expired license plate or invalid registration certificate, or does not display a license plate or registration certificate, and is:

Wrecked, dismantled or partially dismantled, or discarded; or

Inoperable and had remained inoperable for more than:

Seventy-two (72) consecutive hours if the vehicle is on public property; or

Thirty (30) consecutive days if the vehicle is on private property.

Junked travel trailer.

A vehicle that is not self-propelled, is designed to provide shelter or is commonly used for camping or living, that is designed to be transported via a secondary self-propelled motor vehicle, and such vehicle displays an expired license plate or invalid registration certificate or does not display a license plate or registration certificate. This definition includes a fifth wheel, trailer, tent trailer, truck camper or tandem travel trailer.

Junked vehicle.

A vehicle or part of a vehicle that is self-propelled and is:

Wrecked, dismantled or partially dismantled, or discarded; or when such vehicle is situated on blocks, jacks, or anything other than the wheels or mechanisms that are originally designed to equip such vehicles for traveling purposes; or

Inoperable and has remained inoperable for more than:

Seventy-two (72) consecutive hours, if the vehicle is on public property; or

Special interest vehicle.

Thirty (30) consecutive days, if the vehicle is on private property.

Mayor.

Mayor of Oak Leaf or his/her designee.

Motor vehicle.

A motor vehicle subject to registration under Texas Statutes or a motorboat, outboard motor, or vessel subject to registration under chapter 31 of the Texas Parks and Wildlife Code.

A motor vehicle of any age that has not been changed from original manufacturer’s specifications and, because of its historic interest, is being preserved by a hobbyist.

Street rod.

A 1948 or older vehicle, or a vehicle manufactured after 1948 to resemble a vehicle manufactured before 1949, and has been altered from the manufacturer’s original design, or has a body constructed from non-original materials.

[Reserved]

(c)

Findings; declaration of public nuisance.

The city council, after thorough investigation and based upon past experience and present conditions, finds and hereby declares that junked vehicles or parts thereof which are located in any place where they are visible from a public place or public right-of-way are detrimental to the safety and welfare of the general public, tend to reduce the value of the private property, invite vandalism, create fire hazards, constitute attractive nuisances creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city, and such vehicles or parts thereof so located are, therefore, declared to be a public nuisance.

(d)

Offense.

A person commits an offense if the person maintains a public nuisance described above. An offense under this section is a misdemeanor punishable by a fine not to exceed $200.00. Each day an offense occurs or is allowed to continue shall be a separate offense. The court shall order abatement and removal of the junked vehicle upon conviction for an offense under this section.

The penalties and remedies in this section shall be in addition to the abatement procedures set forth herein, and may be pursued prior to, simultaneously with, subsequent to, and/or in addition to any other procedures or remedies available under the law, including without limitation civil penalties and injunctive relief.

(e)

Enforcement.

Right of entry.

Any person authorized by the city mayor to administer the provisions of this article may enter upon private property for the purposes specified in this article to examine vehicles or parts thereof, obtain information as to the identity of junked vehicle(s), and to remove or direct the removal of a junked vehicle or parts thereof declared to be a public nuisance pursuant to this article and. [sic]

Traffic obstruction; removal.

Nothing in this article shall affect statutes that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic.

(f)

Authority to abate nuisance; procedures.

General.

The city mayor shall have the right at all times to abate and remove junked vehicles, and such abatement and removal shall be accomplished according to the requirements set forth in this section pursuant to Texas Transportation Code, chapter 683.

Municipal court authority.

Pursuant to Texas Transportation Code, chapter 683, the governing body of the municipality or mayor shall designate the municipal court of the city to conduct hearings under the procedures adopted under this section. The municipal court of the city shall have authority to issue all orders necessary to enforce the provisions of this section. The judge of the municipal court of the city shall preside over all hearings held under this section.

Relocation of junked vehicles.

The relocation of a junked vehicle that is a public nuisance to another location within the city limits, after a proceeding for the abatement or removal of the public nuisance has commenced, has no effect on the proceeding, if the junked vehicle constitutes a public nuisance at the new location.

Abatement of nuisance.

In the event the municipal judge orders abatement of the junked vehicle, any duly authorized person may remove and dispose of the junked vehicle in accordance with the court's written order.

Notice to department of transportation.

No later than the fifth (5th) day after the date of removal of a junked vehicle pursuant to this article, written notice identifying the vehicle shall be given to the Texas Department of Transportation.

Disposal of junked vehicles.

Any junked vehicle taken into custody by the city or any duly authorized person pursuant to a provision of this article may in its sole discretion dispose of junked vehicles in accordance with applicable provisions of chapter 683, subchapter E of the Texas Transportation Code, as amended, or other applicable law. Junked vehicles, including parts of a junked vehicle, which have been removed by the city or at its direction may be disposed of by removal to a scrapyard, a motor vehicle demolisher, or a suitable site operated by the city for processing as scrap or salvage. The city may, in its sole discretion, dispose of the junked vehicle or any part thereof through commercial channels of disposition, providing such disposal shall only be as scrap or salvage.

Covering.

The covering of a junked vehicle with any type of car cover, tarp, or similar material parked on public property does not abate the violation.

(g)

Notice.

Prior to any official action being taken to abate and remove a junked vehicle constituting a public nuisance from private property, public property or public right-of-way, not less than ten (10) days' written notice shall be given, except as hereinafter provided. The notice shall be either personally delivered, mailed by certified mail with a five-day return requested, or delivered by the United States Postal Services with signature confirmation service to the following parties:

The last known registered owner of the junked vehicle (as shown on the certificate of title);

Any lienholder of record of the junked vehicle; and

(C)

The owner or occupant of:

(i)

The property upon which the junked vehicle is located; or

(ii)

The owner or occupant of the property adjacent to the public right-of-way, if the junked vehicle is on a public right-of-way.

(D)

If the post office address of the last known registered owner of the junked vehicle is unknown, it shall be sufficient for notice to be affixed on the junked vehicle or, if the owner is located, hand delivered.

The notice shall state the following:

The nature of the public nuisance;

That it must be removed and abated not later than the tenth (10th) day after the date on which the notice was mailed or personally delivered;

(C)

The addressee is entitled to a public hearing if requested in writing, must be prior to the expiration of the ten (10) day period, and that the public hearing, if requested, must be held prior to the removal of the vehicle or vehicle part by the city;

(D)

That the persons entitled to notice shall be entitled to speak at the public hearing, either by making a request prior to the time of the hearing or by making a request at the time of the hearing.

(E)

That failure to abate the nuisance, or failure to request a public hearing, or failure to attend a public hearing that has been requested, constitutes a waiver by the owner and lienholders of all right, title and interest in the junked vehicle, including any consent to disposal for the junked vehicle, pursuant to the Texas Transportation Code regarding disposal of junked vehicles.

If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than eleven (11) days after the date of return of the notice.

(h)

Hearing.

A request for a public hearing shall be in writing and shall be addressed to the municipal court clerk of the city. A public hearing, when requested, may be held before the judge of the municipal court not earlier than the eleventh (11th) day after the date on which the notice was delivered or mailed under subsection (g). At the public hearing, the municipal judge may hear and consider all relevant evidence, objections and protests, and shall receive testimony from the owner, witnesses, city personnel and interested persons relative to the alleged public nuisance. The hearing may be continued from time-to-time.

In the event that no request for hearing is received before the expiration of the ten (10) day period, or the persons entitled to notice fail to attend a requested hearing, it shall be conclusively presumed that the vehicle is a junked vehicle and constitutes a public nuisance as defined under state law and this article.

At the hearing the junked vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.

Following the public hearing, the municipal judge shall consider all evidence to determine whether the vehicle or any part thereof constitutes a public nuisance as alleged. If the municipal judge finds that the vehicle or part thereof constitutes a public nuisance, and that the notice requirements provided in this division have been met, the municipal judge shall make a written order setting forth his findings and ordering that the public nuisance be abated.

The order may state that the vehicle shall be disposed of in accordance with the Texas Transportation Code.

An order requiring removal of a motor vehicle shall include the following information if it is available at the location of the motor vehicle:

The vehicle's description;

The vehicle's identification number; and

(C)

The vehicle's license plate number.

An order requiring removal of a watercraft shall include the following information if it is available at the location of the watercraft:

The watercraft's description; and

The watercraft's identification number as set forth in the watercraft's certificate of number.

(i)

Inapplicability of article.

The provisions of this article pertaining to the abatement and removal of junked vehicles shall not apply to a vehicle or vehicle part that:

Is completely enclosed in a building in a lawful manner consistent with all applicable zoning laws, ordinances and regulations and is not visible from the street or other public or private property; or

Is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or a junkyard or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, if the vehicle or part and the outdoor storage area, if any, are:

(i)

Maintained in an orderly manner;

(ii)

Not a health hazard; and

(iii)

Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, shrubbery or a custom car cover. A vehicle or part, covered by a tarp or car blanket does not meet the requisite screening requirements of this division.

For purposes of this section, the term "ordinary public view" means the view from private or public property, or if from public right-of-way from average grade surrounding the property.