The Texas Transportation Code chapter 683, as amended, is adopted
by reference and the provisions of said chapter shall control and
take precedence over any conflicting provisions of this article.
(Ordinance 246-B, sec. 172.001,
adopted 5/31/07)
As used in this article, the following terms shall have the
meaning indicated below:
Abandoned motor vehicle.
A vehicle that:
(1)
Is inoperative and over five years old and is left unattended
on public property for more than 48 hours;
(2)
Has remained illegally on public property for a period of more
than 48 hours;
(3)
Has remained on private property without the consent of the
owner or person in control of the property for more than 48 hours;
or
(4)
Has been left unattended on the right-of-way of a designated
county, state, or federal highway for more than 48 hours.
Antique auto.
A passenger car or truck that is at least 25 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.
A person whose business is to convert a motor vehicle into
processed scrap or scrap metal or to otherwise wreck or dismantle
a motor vehicle.
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.
Junked vehicle.
A vehicle that is self-propelled and:
(1)
Does not have lawfully attached to it:
(A)
A valid motor vehicle registration certificate; and/or
(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.
Any motor vehicle subject to registration pursuant to the
Certificate of Title Act, chapter 501, Tex. Trans. Code.
Motor vehicle collector.
A person owning one or more antique or special interest vehicles
and who acquires, collects, or disposes of any antique or special
interest vehicle or part of any antique or special interest vehicle
for personal use to restore and preserve an antique or special interest
vehicle for historic interest.
Outboard motor.
An outboard motor subject to registration under chapter 31,
Parks & Wildlife Code.
Police department.
The police department and any other law enforcement agency
as defined in section 683.001, Tex. Trans. Code.
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.
Watercraft.
A vessel subject to registration under chapter 31, Tex. Parks
& Wildlife Code.
(Ordinance 246-B, sec. 172.002,
adopted 5/31/07; Ordinance
142-C adopted 8/19/10; Ordinance 347 adopted 2/20/20)
The administration of this article shall be the responsibility
of the police department or such department, officer or employee of
the city designated by the city council; provided that the chief of
police, or such other salaried, full-time employee of the city as
designated by the city manager, is authorized to administer and supervise
the procedures, sections and provisions of this article applying to
abandoned and junk vehicles. Whoever is so authorized may enter upon
private property for the purposes specified in this article to examine
motor vehicles or parts thereof; obtain information as to the identity
of motor vehicles and to remove or cause the removal of a motor vehicle
or parts thereof declared to be a nuisance pursuant to this article.
Upon request by the officer designated pursuant to this section, the
municipal court may issue orders necessary to the enforcement of this
article.
(Ordinance 246-B, sec. 172.003,
adopted 5/31/07)
Nothing in this article shall affect statutes that permit immediate
removal of vehicles left on public property that obstruct traffic
or otherwise create an imminent threat to health and safety.
(Ordinance 246-B, sec. 172.004,
adopted 5/31/07)
The police department shall be entitled to charge and collect
reasonable storage fees for abandoned and junked vehicles removed
and stored pursuant to this article. Such fees shall be established
by the city council and, absent the city council having established
such fees, the police department. Such fees may be charged beginning
the day the vehicle is taken into custody as follows:
(1) For
a period of up to ten (10) days prior to the date of the mailing of
written notice pursuant to this article; and
(2) Beginning
on the day after written notice is mailed until the vehicle is reclaimed
or disposed of pursuant to this article.
If any such vehicle is stored with a garagekeeper, the police
department shall not charge an additional fee for any day that the
garagekeeper charges a fee.
(Ordinance 246-B, sec. 172.005,
adopted 5/31/07)
Any person convicted of violating any provision of this article
shall be guilty of a misdemeanor and shall be subject to a fine in
an amount not to exceed two hundred dollars ($200.00) and each day
of such violation shall be a separate violation.
(Ordinance 246-B, sec. 172.006,
adopted 5/31/07)