As used in this article:
Antique vehicle.
A passenger car or truck that is at least twenty-five years
old.
Junked vehicle.
A vehicle that:
(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.
(3)
“Junked vehicle” includes a motor vehicle, aircraft
or watercraft and, in addition to the foregoing, applies as follows:
(A)
Is a motor vehicle that:
(i)
Displays:
a.
An expired license plate; or
b.
An invalid motor vehicle inspection certificate; or
(ii)
Does not display:
b.
A motor vehicle inspection certificate; or
(B)
Is an aircraft that does not have lawfully printed on the aircraft
an unexpired federal aircraft identification number registered under
Federal Aviation Administration aircraft registration regulations
in 14 C.F.R. part 47; or
(C)
Is a watercraft that:
(i)
Does not have lawfully on board an unexpired certificate of
number; and
(ii)
Is not a watercraft described by section 31.055, Texas Parks
and Wildlife Code.
(D)
The additional provisions of subsection (3)(A)(i)b. and subsection
(3)(A)(ii)b. above expire on February 28, 2015. All other provisions
of this section remain and continue in effect beginning March 1, 2015.
Motor vehicle collector.
A person who:
(1)
Owns one or more antique or special interest vehicles; and
(2)
Acquires, collects or disposes of an antique or special interest
vehicle or part of an antique or special interest vehicle for personal
use to restore and preserve an antique or special interest vehicle
for historic interest.
Special interest vehicle.
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.
(Ordinance 2014.6.1 adopted 6/10/14; 2001 Code, sec. 8.101)
(a) A person commits an offense of the person maintains a public nuisance described by section
8.07.003. An offense under this article is a misdemeanor punishable by a fine in accordance with the general penalty provisions found in section
1.01.009 of this code. Each day an offense occurs shall be a separate offense.
(b) Upon conviction of an offense under this article in the municipal court of the city, the judge of the municipal court shall enter a finding in the judgment of conviction that the offense constitutes a public nuisance and shall, in addition to the imposition of a fine and court costs, order the nuisance abated and removed by the person so convicted, and include therein the notice required by section
8.07.004. The clerk of the court shall cause the notice to be delivered to the person convicted of such an offense for which abatement and removal is ordered, in addition to the payment of the fine and court costs, in the forms and manners as set forth in section
8.07.004
(Ordinance 2014.6.1 adopted 6/10/14)
A junked vehicle, including a part of a junked vehicle, that
is visible from a public place or public right-of-way:
(1) Is
detrimental to the safety and welfare of the general public;
(2) Tends
to reduce the value of private property;
(5) Constitutes
an attractive nuisance creating a hazard to the health and safety
of minors;
(6) Produces
urban blight adverse to the maintenance and continuing development
of municipalities; and
(2001 Code, sec. 8.102)
In the event the city council orders abatement of the nuisance,
the city or any duly authorized person may abate such public nuisance
by removal and disposal of the junked vehicle.
(2001 Code, sec. 8.105)
After any junked vehicle has been removed under the authority
of this article, it shall not be reconstructed or made operable again.
(2001 Code, sec. 8.106)
No later than the fifth day after the date of removal of a junked
vehicle pursuant to this article, notice must be given to the state
department of transportation. Such notice must identify the vehicle.
(2001 Code, sec. 8.107)
Any junked vehicles taken into custody by the city or any duly
authorized person pursuant to a provision of this article shall be
disposed of in accordance with applicable provisions of chapter 683,
subchapter E of the Texas Transportation Code.
(2001 Code, sec. 8.108)
The provisions of this article shall not apply to a vehicle
or vehicle part that is:
(1) Completely
enclosed within a building in a lawful manner where it is not visible
from the street or other public or private property; or
(2) Stored
or parked in a lawful manner on private property in connection with
the business of a licensed vehicle dealer or 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:
(A) Maintained in an orderly manner;
(C) Screened from ordinary public view by appropriate means, including
a fence, rapidly growing trees, or shrubbery.
(2001 Code, sec. 8.109)