For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
A motor vehicle that is inoperable and over five years old,
and is 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
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 any designated county, state
or federal highway within the city in excess of 48 hours.
An access right-of-way with a width of 20 feet or less that
is not used primarily for through traffic, and provides access to
rear entrances of buildings or lots along a street.
The City of Stanton, Texas.
Any motor vehicle designed or used for the transportation
of property, not including a passenger automobile, motorcycle, pick-up
truck or vehicle used in the delivery of the United States mail.
Any self-propelled motor vehicle that is inoperative and
that does not have lawfully affixed to it either an unexpired license
plate or plates or a valid motor vehicle safety inspection certificate,
and which is wrecked, dismantled, partially dismantled, or discarded,
or that remains inoperable for a continuous period of more than:
A motor vehicle subject to registration under the Certificate
of Title Act (Texas Transportation Code chapter 501), except that
for purposes of this article, "motor vehicle" includes a motorboat,
outboard motor or vessel subject to registration.
The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading and unloading merchandise or passengers.
A duly certified peace officer acting for or on behalf of
the city, whether the peace officer is an employee of the city or
is operating within the city pursuant to a contract.
A portable vehicular structure primarily designed for temporary
or short-term occupancy for travel, recreational camping, or vacationing
that either has its own motorized power or is mounted on or towed
by another vehicle. Recreational vehicles are not authorized as a
dwelling unit within the city.
A lot or parcel zoned for single-family detached residential
uses as established by the planning and zoning commission.
The portion of a street between the curb lines, or lateral
lines of a roadway, and the adjacent property lines intended for the
use of pedestrians.
The halting of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
receiving and discharging passengers.
When prohibited, any halting, even momentarily, of a vehicle,
whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a police officer
or traffic-control sign or signal.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the public for
purposes of vehicular travel, and includes highways, alleys, boulevards,
avenues and other public rights-of- way.
A towed vehicle that is designed, converted, altered or otherwise
configured to allow for multi-purpose usage, including the hauling
and storage of goods, materials, products, trash, garbage and the
like.
(Ordinance adopting 2024 Code)
Whenever a city police officer finds a vehicle parked, stopped
or standing in violation of any provision of any ordinance of the
city, that officer is hereby authorized to move the vehicle, or require
the driver or other person in charge of the vehicle to move the same.
The city police officer is hereby authorized to remove the vehicle
to the nearest garage or other place of safety under the circumstances
hereinafter enumerated:
(1)
When any vehicle is left unattended and where the vehicle constitutes
an obstruction to traffic;
(2)
When any vehicle is illegally parked so as to block the entrance
to any private driveway and it is impracticable to move the vehicle
from in front of the driveway to another point on the street or right-of-way;
(3)
When any vehicle is found on a street and a report has previously
been made that the vehicle has been stolen or a complaint has been
filed and a warrant thereon issued;
(4)
When the police officer has reasonable grounds to believe that any
vehicle has been abandoned;
(5)
When a vehicle upon a street is so disabled that its normal operation
is impossible or impractical and the person in charge of the vehicle
is incapacitated by reason of physical injury or other reason to such
extent as to be unable to provide for its removal or custody, or is
not in the immediate vicinity of the disabled vehicle;
(6)
When a city police officer arrests any person driving or in control
of a vehicle for an alleged offense and the police officer is by city
ordinance or other law required to take the person arrested immediately
before a magistrate; and/or
(7)
When, in the opinion of the police officer, the vehicle constitutes
a hazard, or interferes with a normal function of a governmental agency,
or by reason of any catastrophe, emergency or unusual circumstance
the safety of the vehicle is imperiled.
(Ordinance adopting 2024 Code)
(a)
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, tend 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 city by producing urban blight which is adverse to the maintenance
and continuing development of the city, and such vehicles are, therefore,
declared to be public nuisances.
(b)
The police department is hereby authorized to abate and remove the
junked vehicles or parts thereof, as public nuisances, from private
property, public property or public right-of-way upon the terms and
conditions of this article.
(Ordinance adopting 2024 Code)
(a)
Upon the impoundment of an abandoned motor vehicle under section 11.04.002, the police department shall notify, not later than the tenth day after taking the motor vehicle into custody, by certified mail, return receipt requested, the last known registered owner of the motor vehicle and all lien holders of record, pursuant to the Certificate of Title Act, being Texas Transportation Code chapter 501, that the vehicle has been taken into custody.
(b)
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 within
20 days after the date of the notice upon payment of all towing, preservation
and storage charges resulting from placing the vehicle in custody,
or garage keeper's charges if notice is pursuant to the provisions
hereof dealing with garage keepers and abandoned motor vehicles.
(c)
The notice shall state that the failure of the owner or lien holder
to exercise their right to reclaim the vehicle within the time provided
shall be deemed a waiver by the owner and all 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.
(1)
If the identity of the last registered owner cannot be determined,
or 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 publication in one
newspaper of general circulation in the area where the motor vehicle
was abandoned shall be sufficient to meet all requirements of notice
pursuant to this article. The notice by publication can contain multiple
listings of abandoned motor vehicles. Any such notice shall be published
within the time requirements prescribed for notice by certified mail,
and shall have the same contents required for a notice by certified
mail. The consequences and effect of failure to reclaim an abandoned
motor vehicle shall be as set forth in a valid notice given pursuant
to this article.
(2)
The police department that takes custody of an abandoned motor vehicle
is entitled to reasonable storage fees for:
(A)
A period of not more than ten days beginning on the day the police
department takes custody and continuing through the day the police
department mails notice as provided by this article; and
(B)
A period beginning on the day after the day the police department
mails notice and continuing through the day any accrued charges are
paid and the motor vehicle is removed.
(3)
If an abandoned motor vehicle has not been reclaimed as provided for in subsection (c)(1) above, the police department shall sell the abandoned motor vehicle at a public auction. Proper notice of the public auction shall be given, and in cases of garage keepers' liens, the garage keeper shall be notified of the time and place of such auction. The purchaser of the motor vehicle shall take 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 shall be entitled to register the purchased vehicle and receive a certificate of title. The police department shall reimburse itself from the proceeds of the sale for the expenses of the auction, and costs of towing, preserving, and storing the vehicle that resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred pursuant to subsection (c)(1) above. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lien holder for 90 days, and then shall be deposited in a special fund that shall remain available for the payment of auction, towing, preserving, storage and all notice and publication costs that result from placing other abandoned motor vehicles in custody, whenever the proceeds from a sale of such other abandoned motor vehicles are insufficient to meet those expenses and costs.
(4)
Vehicles left in storage facility.
(A)
A motor vehicle left for more than ten 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 under the Certificate of Title Act, being Texas
Transportation Code chapter 501, to pick up the vehicle, or for more
than ten days after a period when under a contract the vehicle was
to remain on the premises of the storage facility, or a motor vehicle
left for more than ten days in a storage facility by someone other
than the registered owner or by a person authorized to have possession
of the motor vehicle under a contract of use, service, storage or
repair, is considered an abandoned motor vehicle, and shall be reported
by the garage keeper to the police department. If the notice to the
owner or a lien holder is returned by the post office unclaimed, notice
by one publication in one newspaper of general circulation in the
area in which the vehicle was left in storage is sufficient notice.
(B)
If a garage keeper or storage facility acquires possession of a motor vehicle for a purpose other than repair, the garage keeper or storage facility is entitled to towing, preservation and notification charges and to reasonable storage fees, in addition to storage fees earned pursuant to contract, for a maximum of ten days only until notification is mailed to the last known registered owner and all lien holders of record as provided by subsection (c)(1) above. After the notice is mailed, storage fees may continue until the vehicle is removed and all accrued charges are paid. A garage keeper who fails to report the possession of an abandoned motor vehicle to the police department within ten days after it becomes abandoned may no longer claim reimbursement for storage of the vehicle.
(C)
The police department, upon receipt of a report from a garage keeper
of the possession of a vehicle considered abandoned under the provisions
of this section, shall follow the notification procedures provided
in this article, except that custody of the vehicle shall remain with
the garage keeper until after compliance with the notification requirements.
A fee of $2.00 shall accompany the report of the garage keeper to
the police department receiving the report and used to defray the
cost of notification or other cost incurred in the disposition of
an abandoned motor vehicle.
(D)
An abandoned motor vehicle left in a storage facility and not reclaimed after notice is sent in the manner provided in this article shall be taken into custody by the police department and sold in the manner provided by subsection (c)(3) above. The proceeds of a sale under this section shall first be applied to the garage keeper's charges for servicing, storage and repair, but as compensation for the expense incurred by the police department in placing the vehicle in custody and the expense of auction, the police department shall retain 2% of the gross proceeds of the sale of each vehicle auctioned, unless the gross proceeds are less than $10.00. If the gross proceeds are less than $10.00, the police department shall retain the $10.00 to defray expenses of custody and auction. Surplus proceeds remaining from an auction shall be distributed in accordance with subsection (c)(3) above.
(E)
Except for the termination or limitation of claim for storage for
failure to report an abandoned motor vehicle, nothing in this section
may be construed to impair any lien of a garage keeper under the laws
of this state.
(F)
A person charging fees under this section commits an offense if the
person charges a storage fee for a period of time not authorized.
An offense under this subsection is punishable by a fine of not less
than $200.00 nor more than $500.00.
(Ordinance adopting 2024 Code)
(a)
Authority.
Upon complaint, or upon its own initiative,
the police department may initiate appropriate official action to
remove and abate a public nuisance in the nature of a junked vehicle.
(b)
Vehicle on private property.
(1)
Upon the initiation of action, a notice stating the nature of the
public nuisance on private property and that it must be removed and
abated within ten days and further that a request for hearing must
be made before the expiration of the ten-day period, the notice to
be mailed, by certified mail with a five-day return requested, to
the last known registered owner of the junked vehicle, any lien holder
of record and the owner or occupant of the private premises where
the public nuisance exists.
(2)
If the 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 ten days from the date after the return.
(c)
Vehicle on public property or public right-of-way.
(1)
Should the public nuisance exist on public property or a public right-of-way,
notice must be given stating the nature of the public nuisance and
that it must be removed and abated within ten days and, further, that
a request for hearing must be made before expiration of the ten-day
period, the notice to be mailed by certified mail with a five-day
return requested, to the last known registered owner of the junked
vehicle, any lien holder of record and the owner or the occupant of
the public premises or to the owner or the occupant of the premises
adjacent to the public right-of-way where the public nuisance exists.
(2)
If the 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 ten days from the date of the return.
(Ordinance adopting 2024 Code)
(a)
After a vehicle has been removed under authority of this article,
it shall not be reconstructed or made operable.
(b)
When a hearing is requested by the owner or the 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 a junked vehicle is located, in
accordance with the terms of this article, a public hearing shall
be held prior to the removal of the vehicle or part thereof as a public
nuisance before the city council.
(c)
Upon determination by the city council that said vehicle is a public
nuisance and that it should be removed, a resolution of the council
requiring the removal of the vehicle or part thereof shall be prepared
and passed and shall include a description of the vehicle, and the
correct identification number and license number of the vehicle, if
available at the site.
(d)
Notice shall be given to the state department of transportation within
five days after the date of removal identifying the vehicle or part
thereof.
(Ordinance adopting 2024 Code)
The provisions of this article shall not apply to:
(1)
A vehicle or part thereof 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;
(2)
A vehicle or part thereof which 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
(3)
Unlicensed, operable or inoperable antique and special-interest vehicles
stored by a collector on his or her property, provided that the vehicles
and the outdoor storage areas are maintained in such a manner 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.
(Ordinance adopting 2024 Code)
The provisions of this article shall be carried out and administered
by regularly salaried, full-time employees of the city, except that
the removal of the vehicles or parts thereof from property may be
by any other duly authorized person.
(Ordinance adopting 2024 Code)
(a)
The city administrator-secretary, police department or their duly
authorized representative is hereby directed and authorized to enter
upon private property for the examination of 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 nuisance pursuant to this article.
(b)
The municipal court shall have authority to issue any order necessary
to enforce this procedure.
(Ordinance adopting 2024 Code)
(a)
Parking on public street, alley, public place or railroad right-of-way.
(1)
It shall be unlawful for any person to park any bobtail, truck-tractor,
road-trailer, trailer, semi-trailer, bus and any other commercial
motor vehicle over one ton capacity upon any public street, alley,
parkway, boulevard, public place or railroad right-of-way in the city.
(2)
This provision shall not apply to street construction equipment,
maintenance and repair equipment or trucks, rollers and implements,
equipment trailers, vehicles used by public service utility companies
engaged in repairing or extending public service utilities, motor
buses when taking on or discharging passengers at the customary bus
stops, vehicles parked in a designated loading zone while they are
in the act of accepting from the immediate shipper or delivering to
a consignee or addressee any transportable thing, or vehicles with
mechanical defects during the time it takes to make emergency repairs.
(b)
Parking in platted subdivision.
(1)
It shall be unlawful for any person to park any bobtail, truck-tractor,
road-tractor, road-trailer, semi-trailer, bus and any other commercial
motor vehicle over one ton capacity within any developed platted subdivision
in the city.
(2)
This provision shall not prevent the parking or standing of the above-described
vehicles in such zoned areas for the purpose of expeditiously loading
and unloading passengers, freight or merchandise.
(Ordinance adopting 2024 Code)
It shall be unlawful for any person to park any boat trailer,
stock trailer, recreational vehicle (RV), or any other vehicle unable
to operate under its own power on any public street, roadway or avenue
within the city for a period longer than a 24-hour duration.
(Ordinance adopting 2024 Code)
A person commits an offense if he or she leaves an abandoned
motor vehicle, recreational vehicle, or utility trailer, as defined
herein, standing or parked in a public street, alley or other public
places, or on private property without the consent of the owner or
person in control of the property, for a continuous period of time
longer than 48 hours.
(Ordinance adopting 2024 Code)
(a)
Vehicles exceeding 36 feet in length.
(b)
Parking on public thoroughfare or between dwelling and public thoroughfare.
(1)
No motor vehicle, recreational vehicle or utility trailer, as defined
herein, measuring less than 36 feet in length, shall be permanently
parked on a public thoroughfare or between a dwelling and a public
thoroughfare in any district zoned for residential uses. The parking
of such vehicles shall only be allowed in a side yard, not abutting
a street, behind the front building line, and in the rear yard of
such properties.
(c)
Parking on unimproved surface.
No motor vehicle, recreational
vehicle or utility trailer, as defined herein, shall be parked or
stored on an unimproved surface in the front, side or rear of any
residence.
(1)
An unimproved surface is defined as a ground surface that is not
paved with concrete or asphalt resistant to surface degradation.
(2)
An improved surface, composed of either concrete or asphalt, shall
be designed with a paved thickness and subsurface preparation that
is adequate to withhold the weight of the vehicle being parked as
approved by the city engineer or designee.
(d)
Parking in rear or side yard.
(1)
No motor vehicle, recreational vehicle or utility trailer, as defined
herein, measuring less than 36 feet in length, shall be parked or
stored in the rear or side of any residence unless such vehicles are
set back from any property line adjacent to another residential lot
by a minimum of eight feet or alternatively screened with a compliant
fence or evergreen landscaping where the height of the fence, or the
mature height of the landscaping, is equal to or greater than the
item being screened.
(2)
Should an evergreen landscaped screen be used, the minimum height
of such screening material shall measure not less than 48 inches above
finished grade at time of planting.
(e)
Temporary exemption.
No motor vehicle, recreational
vehicle or utility trailer, as defined herein, of any size may be
parked or stored between a dwelling and a public thoroughfare unless:
(1)
The dwelling is constructed on a lot or parcel containing no less
than one acre of land area;
(2)
The area is part of a front driveway or parking area constructed of concrete or asphalt designed in accordance with subsection (c)(2) above; and
(3)
The vehicle is parked for no more than 72 hours at any one time only
for the purpose of loading, unloading, cleaning, preparing for a trip,
winterizing, or preparing the vehicle for off-premises storage.
(f)
Additional restrictions.
No motor vehicle, recreational vehicle or utility trailer, as defined herein, shall be parked or stored in front of any residence, on an undeveloped lot, or on any parcel of land except as provided for in subsection (h) below.
(g)
Temporary parking of utility trailers.
The city administrator-secretary
or designee shall have the authority to grant the temporary parking
of utility trailers when the trailers are being utilized in conjunction
with active construction projects or when exigent circumstances exist.
In no case shall temporary parking be granted for periods longer than
30 consecutive days.
(h)
Variances.
(1)
The city council may consider a variance to the provisions of this
section, after a public hearing, if it determines that the enforcement
of a provision in a particular instance:
(2)
Before the tenth day prior to the public hearing on the variance,
the city shall send notice via regular mail to all property owners
in accordance with the city's notification process as defined herein.
(Ordinance adopting 2024 Code)
(a)
No person shall allow, permit or suffer any vehicle registered in
his or her name to stand or park in any street in the city in violation
of any provision of this article regulating the standing or parking
of vehicles.
(b)
If a vehicle is found unattended or unoccupied upon a street, highway,
alley or other public place in violation of any provision of this
article regulating the stopping, standing or parking of vehicles,
the same is hereby declared a nuisance per se, and the fact that the
vehicle is unattended or unoccupied by any person shall be prima facie
evidence that the owner unlawfully stopped, placed or parked the vehicle.
(c)
Proof of the ownership may be made by a copy of the registration
of the vehicle with the state highway department or county motor vehicle
license department showing the name of the person to whom the state
highway license plates were issued.
(d)
This proof shall constitute prima facie evidence of the ownership
of the motor vehicle by the person to whom the certificate of registration
was issued.
(Ordinance adopting 2024 Code)
(a)
No person shall park any vehicle upon a street in such a manner or
under such conditions as to leave available less than ten feet of
the width of the roadway for free movement of vehicular traffic.
(b)
No person shall park any vehicle upon a street adjacent to a driveway
in such a manner or under such conditions as to leave available less
than three feet of roadway between the vehicle and the point where
the curve return of the driveway connects with the curb.
(Ordinance adopting 2024 Code)
Between the hours of eight o'clock (8:00) a.m. and 12:00 midnight, it shall be unlawful to park any vehicle in any of the public alleys or alleyways of the city, except for the purpose of loading and unloading produce, freight or cargo. The penalty for violation shall be as fixed in section 11.01.003 of this chapter.
(Ordinance 99A, sec. 4, adopted 12/7/1949; 1994 Code, sec. 10.405)
In any case where any street in the city is being torn up, repaired
or paved, or where any work is being done upon the same, making necessary
the regulation of traffic thereon, the police department is hereby
authorized to prevent parking either altogether or to any extent deemed
necessary for any certain period of time that may be necessary, or
to close the street to traffic altogether for such period of time,
by erecting thereon official signs with the parking restrictions clearly
stated on the signs.
(Ordinance adopting 2024 Code)
(a)
No person shall park a vehicle upon any roadway for the principal
purpose of displaying the vehicle for sale.
(b)
It shall be unlawful for any person to leave, stand, or park any
motor vehicle, boat or trailer offered for sale on any public property,
or upon any public place, including vacant land, parking lots, or
any other similar area, unless the property on which such display
is located is zoned for such use.
(c)
For the purposes of this section a public place is hereby defined
as any location to which the public has access or is invited to enter.
This definition does not include a private residence, if used for
the sale of the owner's or tenant's personal vehicle.
(Ordinance adopting 2024 Code)
