Whenever the following terms are used in this article, they
shall have the meaning respectively ascribed to them as follows:
Abandoned motor vehicle.
Any motor vehicle which:
(1)
Is inoperable and more than eight (8) years old and left unattended
on public property for more than forty-eight (48) hours;
(2)
Has remained illegally on public property for a period of more
than forty-eight (48) hours;
(3)
Has remained on private property without the consent of the
owner or person in control of the property for more than forty-eight
(48) hours; or
(4)
Is left unattended on a right-of-way of any designated county,
state, or federal highway or any street, alley, or public right-of-way
within the city for more than forty-eight (48) hours.
Antique auto.
A passenger car or truck that was manufactured in 1925 or
before or a passenger car or truck that is at least thirty-five (35)
years old.
Collector.
The owner of one or more antique or special interest 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, and maintain an antique or special interest
vehicle for historic interest.
Demolisher.
Any person whose business is to convert a motor vehicle into
processed scrap or scrap metal, or otherwise to wreck or dismantle
motor vehicles.
Garagekeeper.
An owner or operator of a parking place or establishment,
motor vehicle storage facility, or establishment for the servicing,
repair, or maintenance of a motor vehicle.
In ordinary public view.
Means that the vehicle or part thereof or the tarp or cover
thereon is visible from any public right-of-way, or adjacent land,
or the first-floor level of a building thereon which is owned or occupied
by a person other than the owner or occupant of the property on which
the junked vehicle or part thereof is located or parked.
Junked vehicle.
For the purpose of this article, a junked vehicle shall be
defined as a vehicle that is self propelled and:
(1)
Does not have lawfully attached to it:
(A)
An unexpired license plate; and
(B)
A valid motor vehicle inspection certificate; and
(2)
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.
Motor vehicle.
A motor vehicle subject to registration under the Certificate
of Title Act (V.T.C.A., Transportation Code, chapter 501), except
that, for purposes of division 3 of this article, “motor vehicle”
includes a motorboat, outboard motor, or vessel subject to registration
under V.T.C.A., Parks and Wildlife Code, chapter 31.
Person.
Any individual, firm, partnership, association, corporation,
company, or organization of any kind.
Special interest vehicle.
A motor vehicle of any age that has not been altered or modified
from original manufacturer’s specifications and, because of
its historic interest, is being preserved by hobbyists.
Storage facility.
A garage, parking lot, or any type of facility or establishment
for the servicing, repairing, storing, or parking of motor vehicles.
(2001 Code, sec. 95.01; Ordinance
adopting Code)
The Texas Transportation Code, chapter 683, is adopted by reference,
and the provisions of said article shall control and take precedence
over any conflicting provisions of this article.
(2001 Code, sec. 95.50)
If any person is found guilty after a trial held according to the terms of this article and shall fail and refuse within ten (10) days to remove and abate said nuisance as ordered by the court, he shall be guilty of a misdemeanor and fined according to the provisions of section
1.01.009. Each day of continuing violation shall be considered a separate offense.
(2001 Code, sec. 95.51)
Nothing in this article is intended to relieve any person of
any condition, restriction, or requirement imposed by any other law,
ordinance, or code of the city. Where any other ordinance, law, or
code is in conflict with the provisions of this article, this article
shall govern.
(2001 Code, sec. 95.52)