For purposes of this article, the following definitions shall apply:
Abandoned Motor Vehicle.
A motor vehicle that is inoperable and more than five years old and left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than 48 hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours, or a motor vehicle left unattended on the right-of-way of a designated county, state, or federal highway within this state for more than 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 (1) 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.
One of the following that is in ordinary public view.
(1) 
A motor vehicle as defined in section 1, chapter 42, General Laws, Acts of the 41st Legislature, 2nd called session, 1929 (article 6701d-11, Vernon’s Texas Civil Statutes):
(A) 
Is inoperative; and
(B) 
Does not have lawfully affixed to it either [sic] an unexpired license plate, that is wrecked, dismantled, partially dismantled, or discarded, or that remains inoperable for a continuous period of more than 30 days.
(2) 
A motorized boat, or a boat that is intended to be operated with a motor, whether or not a motor is attached, that is wrecked, dismantled, partially dismantled, discarded, or that is in a condition that is obviously not seaworthy or usable for its intended and designed use.
(3) 
All sailboats, or other boats that are not motor driven or intended to be operated with a motor, fourteen (14) feet in length or longer.
(4) 
A trailer of any type that is designed to be pulled or pushed by the use of a motorized vehicle that is wrecked, dismantled, partially dismantled, discarded, or that is in a condition that is obviously not usable for its intended and designed use.
(5) 
A motorized farm implement, or a farm implement that is intended to be operated with a motor, whether or not a motor is attached, that is wrecked, dismantled, partially dismantled, discarded, or that is in a condition that is obviously not usable for its intended or designed use, or that remains inoperable for a continuous period of more than 45 days.
Motor Vehicle.
A motor vehicle subject to registration under the Certificate of Title Act (article 6687-1, Vernon’s Texas Civil Statutes), except that for purposes of this article, it shall also mean a motorboat, outboard motor, or vessel subject to registration under chapter 31, Texas Parks and Wildlife Code.
Ordinary Public View.
A vehicle, trailer, vessel or farm equipment or the tarp or cover thereon is visible at any time of the year 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 property owner or occupant of the property on which the vehicle is located or parked.
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.
(Ordinance adopting Code; Ordinance 2005-06 adopted 7/18/05; Ordinance 2019-002 adopted 5/20/2019)
The police department may take into custody an abandoned motor vehicle found on public or private property. The police department may employ its own personnel, equipment, and facilities to remove, preserve, and store an abandoned motor vehicle it takes into custody. Officers are authorized to enter abandoned vehicles to inventory the contents prior to towing.
(Ordinance adopting Code; Ordinance 2019-002 adopted 5/20/2019)
(a) 
Upon the impoundment of an abandoned motor vehicle, the police department shall notify within ten (10) days thereof, by certified mail, the last known registered owner of the motor vehicle and all lien holders of record that the vehicle has been taken into custody. The notice shall describe the year, make, model, and vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lien holders of their right to reclaim the motor vehicle not later than the twentieth day after the date of the notice, on payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody. The notice shall also state that the failure of the owner or lien holders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lien holders of all right, title, and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction.
(b) 
If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lien holders, notice by one (1) publication in one (1) newspaper of general circulation in the city is sufficient notice under this article. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed by certified mail, and shall have the same contents required for a notice by certified mail.
(c) 
The police department, or in the event the police department hires as its agent persons, equipment, and facilities to remove, preserve, and store an abandoned motor vehicle it takes into custody, is entitled to reasonable storage fees for a period of not more than ten (10) days beginning on the date the department takes custody and continuing through the day the department mails notice as provided by this section, and a period beginning on the day after the day the department mails notice and continuing through the day any accrued charges are paid and the vehicle is removed.
(Ordinance adopting Code; Ordinance 2019-002 adopted 5/20/2019)
If an abandoned motor vehicle has not been reclaimed as provided above, the police department shall sell the abandoned motor vehicle at a public auction. Proper notice of the public auction shall be given. The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department, and is entitled to register the purchased vehicle and receive a certificate of title. From the proceeds of the sale of an abandoned motor vehicle, the police department shall reimburse itself for the expenses of the auction, the cost of towing, preserving, and storing the vehicle that resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred, if any. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lien holder for ninety (90) days and then shall be deposited in the general fund of the city.
(Ordinance adopting Code; Ordinance 2019-002 adopted 5/20/2019)
A motor vehicle left for more than ten (10) days in a storage facility operated for commercial purposes after notice is given by registered or certified mail, return receipt requested, to the owner and to any lien holder of record to pick up the vehicle or under any of the other circumstances of Section 5.05(a), Article 4477-9a, Vernon’s Texas Civil Statutes, shall be subject to the provisions of said Section 5.05.
(Ordinance adopting Code; Ordinance 2019-002 adopted 5/20/2019)
Any person, firm, corporation, or unit of government on whose property or in whose possession is found any abandoned motor vehicle and a person who is the owner of a motor vehicle whose title certificate is faulty, lost, or destroyed, may apply to the state department of highways and public transportation for authority to sell, give away, or dispose of the vehicle to a demolisher. The application shall be governed by Section 5.06, Article 4477-9a, Vernon’s Texas Civil Statutes, as amended.
(Ordinance adopting Code; Ordinance 2019-002 adopted 5/20/2019)
A junked vehicle that is located in a place where it is visible from a public place or a 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 city by producing urban blight, adverse to the maintenance and continuing development of the city, and is a public nuisance. Any person, firm, or corporation maintaining a public nuisance as defined above shall be guilty of a misdemeanor and, upon conviction, subject to a fine in accordance with the general penalty provision found in Section 1.106 of this code for each offense, and each and every day the maintenance of such public nuisance shall continue shall be deemed to constitute a separate offense. Upon conviction in the municipal court of the City of Atlanta, Texas, the court shall order removal and abatement of such public nuisance.
(Ordinance adopting Code; Ordinance 2019-002 adopted 5/20/2019)
A wrecked, junked or inoperable vehicle may not be allowed on the premises of a garagekeeper or storage facility in ordinary pubic view for longer than 45 days, affording adequate time for repair or insurance adjustment. Even if a wrecked, junked or inoperable vehicle is kept out of ordinary public view, that vehicle may only be stored for 90 days. Further a garagekeeper may not keep vehicle under his control on the premises of adjacent property owners. The enforcement officials appointed by the city manager are authorized to enter the sites, record arrival dates and affix appropriate stickers in order to enforce this requirement.
(Ordinance 2019-002 adopted 5/20/2019)
(a) 
Upon complaint or upon its own initiative, the police, fire or building official department may initiate appropriate official action to remove and abate a public nuisance in the nature of a junked vehicle. Upon initiation of the action, the owner or occupant of the private premises (or the owner or occupant of the public premises or the owner or the occupant of the premises adjacent to the public right-of-way) whereupon the public nuisance exists, together with the last known registered owner of the junked motor vehicle and any lien holder of record, shall be notified by a regularly salaried, full-time employee of the city, by certified mail with a five-day return receipt requested, that the nuisance exists, that it must be removed and abated within ten (10) days of the receipt of such notice or that a request for hearing must be made by said owner or occupant before the expiration of the ten-day period from the receipt of notice. If the notice is returned undelivered by the post office, further official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return.
(b) 
Upon request by the owner or occupant of the public or private premises or the owner or occupant adjacent to the public right-of-way, a public hearing shall be held before the municipal court of the city or determination of the existence of a junked vehicle as a public nuisance and for the purpose of entering an order requiring the removal of the same if found to be so. The judge of the municipal court shall be the designated official to make such determination, and upon the finding that the vehicle is a junked vehicle and constitutes a public nuisance, he shall enter an order requiring the removal of the vehicle or a part thereof. Said order must include a description of the vehicle and the correct identification number and license number of the vehicle, if the information is available at the site.
(c) 
When the junked vehicle is declared a public nuisance by the municipal judge and is ordered to be removed, it shall not thereafter be reconstructed or made operable.
(d) 
Notice shall be given to the Texas State Department of Highways and Public Transportation not later than the fifth day after the date of removal. The notice shall identify the vehicle or vehicle part which was removed.
(e) 
The provisions of this article shall not apply to a vehicle or a part thereof 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, a vehicle or vehicle part that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junk yard, or an unlicensed, operable or inoperable antique or special interest vehicle stored by a collector on the collector’s property, if the vehicle and the outdoor storage area are maintained in a manner so 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.
(f) 
The procedures of this article shall be carried out and enforced by regularly salaried, full-time employees of the city, except that the removal of vehicles or parts thereof from property may be done by any other duly authorized person, including persons with whom the city may at the time of the passage of this article or hereafter have a valid contract for the removal of such vehicles.
(Ordinance adopting Code; Ordinance 2019-002 adopted 5/20/2019)
A junked vehicle or vehicle part may be disposed of by removal to a scrap yard, demolisher, or any suitable site operated by the city or county for processing as scrap or salvage.
(Ordinance adopting Code; Ordinance 2019-002 adopted 5/20/2019)
A person authorized by the city to administer the procedures of this article may enter private property for the purposes specified herein to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle part that constitutes a nuisance as defined herein. The judge of the municipal court of the city may issue orders necessary to enforce the procedures of this article.
(Ordinance adopting Code; Ordinance 2019-002 adopted 5/20/2019)
No provision of this article shall affect a law authorizing the immediate removal, as an obstruction to traffic, of a vehicle left on public property.
(Ordinance adopting Code; Ordinance 2019-002 adopted 5/20/2019)
The city council hereby determines and provides by this section that the provisions of article 6687-9a, the Vehicle Storage Facility Act, and the rules adopted under such article by the Texas Department of Labor and Standards shall not apply inside the limits of the city.
(Ordinance adopting Code; Ordinance 2019-002 adopted 5/20/2019)