The following definitions shall apply in the interpretation and enforcement of this article:
Abandoned motor vehicle.
A motor vehicle that is inoperable and more than eight (8) years old and left unattended on public property for more than forty-eight (48) hours, or a motor vehicle that has remained illegally on public property for a period of more than forty-eight (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 forty-eight (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 forty-eight (48) hours.
Antique auto.
Any passenger cars or trucks that were manufactured in 1925 or before, or which are thirty-five (35) or more 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 his own use in order to restore, preserve and maintain an antique or special interest vehicle for historic interest.
Junked vehicle.
A vehicle that:
(1) 
Is self-propelled; 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.
For purposes of this article, “junked vehicle” includes a motor vehicle, aircraft, or watercraft. This article applies only to:
(1)
A motor vehicle that displays an expired license plate or does not display a license plate;
(2)
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
(3)
A watercraft that:
 
(A)
Does not have lawfully on board an unexpired certificate of number; and
 
(B)
Is not a watercraft described by section 31.055, Parks and Wildlife Code.
Motor vehicle.
Any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act.
Person.
Any person, firm, partnership, association, corporation, company, or organization of any kind.
Property.
Any real property within the city which is not a street or highway.
Special interest vehicle.
A motor vehicle of any age which has not been altered or modified from original manufacturer’s specifications and, because of historic interest, is being preserved by hobbyists.
Street or highway.
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(1986 Code, ch. 7, sec. 1(A); 1993 Code, sec. 7.101; Ordinance adopting 2017 Code)
(a) 
Declaration of nuisance.
Junked vehicles 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 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 state, by producing urban blight which is adverse to the maintenance and continuing development of the municipalities in the state, and such vehicles are therefore declared to be a public nuisance.
(b) 
Junked vehicles prohibited.
No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any junked vehicles to remain on his or her property unless such vehicle shall be completely enclosed within a building in a lawful manner so that it is not visible from the street or any other public or private property.
(1986 Code, ch. 7, sec. 1(B); 1993 Code, sec. 7.102)
No person shall abandon any vehicle within the city and no person shall leave any vehicle at any place within the city for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned. The provisions of this section do not apply to vehicles which have been abandoned so as to create a traffic hazard or that are abandoned in officially designated “No Parking” zones.
(1986 Code, ch. 7, sec. 1(C); 1993 Code, sec. 7.103)
No person shall leave any partially dismantled, non-operating, wrecked or junked vehicle on any street or highway within the city.
(1986 Code, ch. 7, sec. 1(D); 1993 Code, sec. 7.104)
This article may not apply to a vehicle or vehicle part that 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 junkyard, 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.
(1986 Code, ch. 7, sec. 1(E); 1993 Code, sec. 7.105)
(a) 
Junked vehicles on private property.
The city shall give notice to any offender of this article when such junked vehicle found on private property is deemed to constitute a public nuisance under the terms of this article and the Texas Litter Abatement Act, V.T.C.A., Health and Safety Code, chapter 365, as amended. Such notice shall give said offender not less than ten (10) days’ notice stating the nature of the public nuisance on private property, that it must be removed and abated within ten (10) days, and that a request for a hearing must be made before expiration of the ten (10) day period. The notice must be mailed by certified mail, with a five (5) day return requested, to the last known registered owner of the junked motor vehicle, any lienholder of record, and the owner or occupant of the private premises on which the public nuisance exists. If any notice is returned undelivered by the U.S. Postal Service, 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) 
Junked vehicles on public property.
The city shall give notice to any offender of this article when such junked vehicle found on public property or a public right-of-way is deemed to constitute a public nuisance under the terms of this article and the Texas Litter Abatement Act, V.T.C.A., Health and Safety Code, chapter 365, as amended. Such notice shall give said offender not less than ten (10) days’ notice, stating the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated within ten (10) days, and that a request for a hearing must be made before expiration of the ten (10) day period. The notice must be mailed by certified mail, with a five (5) day return requested, to the last known registered owner of the junked motor vehicle, any lienholder of record, and the owner or occupant of the public premises, or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists. If the notice is returned undelivered by the U.S. Postal Service, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return.
(c) 
Junked vehicles not to be made operable.
The procedures must prohibit a vehicle from being reconstructed or made operable after it has been removed.
(d) 
Public hearing required.
The procedures must require a public hearing before the removal of the vehicle or vehicle part as a public nuisance. The hearing shall be held before the city council or any board, commission or official of the city as designated by the city council, if a hearing is requested by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which the vehicle is located, within ten (10) days after service of notice to abate the nuisance. A resolution or order requiring the removal of a vehicle or vehicle part 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.
(e) 
Notice to state.
The procedures must require notice to be given to the state department of transportation not later than the fifth (5th) day after the date of removal. The notice must identify the vehicle or vehicle part so that the department may cancel the certificate of title pursuant to the Certificate of Title Act.
(f) 
Administration.
The procedures must be administered by regularly salaried, full-time employees of the city, except that the removal of a vehicle or vehicle part from property may be by any duly authorized person.
(g) 
Disposal of junked vehicle.
A junked vehicle or vehicle part may be disposed of by removal to a scrap yard, a demolisher or any suitable site.
(h) 
Authority to enforce.
Any person authorized by the city to administer the procedures authorized by this article may enter private property for the purposes specified 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 or vehicle part that constitutes a nuisance. The municipal court may issue orders necessary to enforce these procedures.
(1986 Code, ch. 7, sec. 1(F); 1993 Code, sec. 7.106)