As used in this article:
Antique vehicle
means a passenger car or truck that is at least 25 years old.
Dismantled or partially dismantled
means:
(1) 
For vehicles designed to be operated upon or drawn upon the public streets or for which a valid state motor vehicle registration certificate is required to legally do so, dismantled or partially dismantled means a vehicle that has had, intentionally or unintentionally, one or more critical parts removed or that is otherwise dismantled to the degree that said vehicle is not usable for the vehicle's designed and intended purpose for thirty (30) days or more. A critical part is any part that is needed to safely operate or draw the vehicle, including but not limited to a wheel or tire, windshield, door, side quarter panel, hood, roof, steering wheel, motor or transmission; and
(2) 
For self-propelled vehicles not subject to state motor vehicle registration, including off-road vehicles designed and intended to be operated in places other than on public streets, including but not limited to race cars, dirt track vehicles, all-terrain vehicles, and golf carts, dismantled or partially dismantled means dismantled to the degree that said vehicle is not usable for the vehicle's designed and intended purpose.
Inoperable
means:
(1) 
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 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
(2) 
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 vehicle.
(1) 
Junked vehicle means a vehicle or a part of a vehicle that is self-propelled and is:
(A) 
Wrecked, dismantled or partially dismantled, or discarded; or
(B) 
Inoperable and has remained inoperable for more than:
(i) 
Seventy-two consecutive hours, if the vehicle is on public property; or
(ii) 
Thirty consecutive days, if the vehicle is on private property.
(2) 
For purposes of this article, "junked vehicle" includes, in addition to other vehicles, a motor vehicle, an aircraft or a watercraft and applies only to:
(A) 
A motor vehicle that displays an expired license plate or does not display a license plate;
(B) 
An aircraft that does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under Federal Aviation Administration aircraft regulations in 14 C.F.R. part 47 and is wrecked, dismantled or partially dismantled, discarded, or inoperable; or
(C) 
A watercraft that does not have lawfully on board an unexpired certificate of number and is not a watercraft described by section 31.055 of the Texas Parks and Wildlife Code and is wrecked, dismantled or partially dismantled, discarded, or inoperable.
Motor vehicle collector
means 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
means 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.
Vehicle
means every mechanical device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, including motor vehicles, commercial motor vehicles, truck tractors, trailers, and semi-trailers, but excepting devices moved by human power or used exclusively upon stationary rails or tracks. The term includes self-propelled vehicles not subject to state motor vehicle registration, such as off-road vehicles designed and intended to be operated in places other than on public streets, including but not limited to race cars, dirt track vehicles, all-terrain vehicles, go-carts, and golf carts.
Wrecked
means:
(1) 
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, wrecked means unable to be legally or safely operated upon or drawn upon a highway or any other public right-of-way for thirty (30) days or more due to damage that is consistent with a motor vehicle accident, incomplete repair, salvage or restoration, including but not limited to a missing or broken engine, transmission, windshield, window, tire, wheel or other major mechanical component; and
(2) 
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, wrecked means damaged to the degree that it is not usable for the vehicle's designed and intended purpose.
(Ordinance 22-06, sec. 1, adopted 12/10/2022)
The board of commissioners, 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, tending to reduce the value of the private property, to invite vandalism, to create fire hazards, and to constitute an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the town by producing urban blight which is adverse to the maintenance and continuing development of the town, and such vehicles or parts thereof so located are, therefore, declared to be a public nuisance.
(Ordinance 22-06, sec. 2, adopted 12/10/2022)
(a) 
A person commits an offense if the person maintains a public nuisance described by section 8.04.002. 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.
(b) 
The penalties and remedies in this section shall be in addition to the abatement procedures set forth in section 8.04.004 and may be pursued prior to, simultaneously with, subsequent to, and/or in addition to any other procedures or remedies available under the law.
(Ordinance 22-06, sec. 3, adopted 12/10/2022)
(a) 
Authorized.
The town, acting through the town secretary or her designated representative, 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.
(b) 
Notice.
(1) 
Prior to any official action being taken to abate and remove a junked vehicle constituting a public nuisance from private property, public property or a public right-of-way, not less than ten (10) days' notice shall be given, except as hereinafter provided, to the following parties:
(A) 
The last known registered owner of the junked vehicle as shown on the certificate of title;
(B) 
Any lienholder of record; and
(C) 
The owner or occupant of the property upon which the junked vehicle is located or the owner or occupant of the premises adjacent to the public right-of-way on which the junked vehicle is located.
(2) 
The notice shall be either personally delivered, mailed by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature confirmation service. A copy of the notice shall also be affixed to the front windshield of the vehicle. 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 placed on the junked vehicle and, if the owner is located, hand delivered.
(3) 
The notice shall state the following:
(A) 
The nature of the public nuisance;
(B) 
That it must be removed and abated not later than the tenth 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 prior to the expiration of the ten-day period, and that the public hearing, if requested, must be held prior to the removal of the vehicle or vehicle part by the town;
(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) 
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; and
(F) 
That failure to abate the nuisance, 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 vehicle and their consent to disposal for the junked vehicle under the terms of the Texas Transportation Code concerning the disposal of junked vehicles.
(4) 
If any notice is returned undelivered by the United States Postal Service, 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.
(c) 
Hearing.
(1) 
A request for a public hearing shall be in writing and shall be addressed to the town secretary. A public hearing, when requested, shall be held before the town board of commissioners not earlier than the eleventh (11th) day after the date on which the notice was delivered or mailed under subsection (b). At the public hearing, the town board of commissioners shall hear and consider all relevant evidence, objections and protests, and shall receive testimony from the owner, witnesses, town personnel and interested persons relative to the alleged public nuisance. The hearing may be continued from time to time.
(2) 
At the hearing the junked vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(3) 
Following the public hearing, the town board of commissioners shall consider all evidence to determine whether the vehicle or any part thereof constitutes a public nuisance as alleged. If the town board of commissioners finds that the vehicle or part thereof constitutes a public nuisance, and that the notice requirements provided in this article have been met, the town board of commissioners shall adopt a resolution setting forth the commission's findings and ordering that the public nuisance be abated.
(4) 
The resolution shall state that the vehicle shall be disposed of in accordance with the Texas Transportation Code.
(5) 
A resolution requiring removal of a motor vehicle shall include the following information if it is available at the location of the motor vehicle:
(A) 
The vehicle's description;
(B) 
The vehicle identification number; and
(C) 
The vehicle's license plate number.
(6) 
A resolution requiring removal of an aircraft shall include the following information if it is available at the location of the aircraft:
(A) 
The aircraft's description; and
(B) 
The aircraft's federal aircraft identification number as described by Federal Aviation Administration aircraft registration regulations in 14 C.F.R. part 47.
(7) 
A resolution requiring removal of a watercraft shall include the following information if it is available at the location of the watercraft:
(A) 
The watercraft's description; and
(B) 
The watercraft's identification number as set forth in the watercraft's certificate of number.
(8) 
The town municipal court may issue necessary orders to enforce the procedures set forth herein.
(d) 
Relocation of junked vehicle.
The relocation of a junked vehicle that is a public nuisance to another location within the town 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.
(e) 
Abatement of nuisance.
Procedures for abatement and removal of a public nuisance must be administered by regularly salaried, full-time employees of the town, except that any duly authorized person may remove and dispose of the junked vehicle.
(f) 
Vehicles not to be made operable after removal.
After any junked vehicle has been removed under the authority of this article, it shall not be reconstructed or made operable again.
(g) 
Notice to department of transportation.
No later than the fifth day after the date of removal of a junked vehicle pursuant to this article, notice identifying the vehicle shall be given to the state department of transportation.
(h) 
Disposal of vehicle.
Any junked vehicle taken into custody by the town 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.
(i) 
Covering vehicle.
The covering of a junked vehicle with any type of car cover, tarp, or similar material does not abate the violation.
(Ordinance 22-06, sec. 4, adopted 12/10/2022)
Any person authorized by the town 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, to obtain information as to the identity of vehicles and to remove or cause the removal of a vehicle or parts thereof declared to be a public nuisance pursuant to this article.
(Ordinance 22-06, sec. 5, adopted 12/10/2022)
The provisions of this article pertaining to the abatement and removal of junked vehicles shall not apply to a vehicle or vehicle part:
(1) 
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
(2) 
That 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:
(A) 
Maintained in an orderly manner;
(B) 
Not a health hazard; and
(C) 
Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery.
(Ordinance 22-06, sec. 6, adopted 12/10/2022)