For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Abandoned motor vehicle.
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.
Alley.
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.
City.
The City of Stanton, Texas.
Commercial motor vehicle.
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.
Junked vehicle.
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:
(1) 
Seventy-two consecutive hours, if the vehicle is on public property; or
(2) 
Thirty consecutive days, if the vehicle is on private property.
Motor vehicle.
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.
Park or parking.
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.
Police officer.
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.
Recreational vehicle (RV).
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.
Residential zone, uses, or lot.
A lot or parcel zoned for single-family detached residential uses as established by the planning and zoning commission.
Sidewalk.
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.
Stand or standing.
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.
Stop or stopping.
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.
Street.
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.
Utility trailer.
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)
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.
(1) 
No motor vehicle, recreational vehicle or utility trailer, as defined herein, that equals or exceeds 36 feet in length, shall be permanently stored or parked in any district zoned for residential uses.
(2) 
A temporary 72-hour exemption, established by subsection (e) below, may be applied.
(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.
(2) 
A temporary 72-hour exemption, established by subsection (e) below, may be applied.
(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:
(A) 
Is not in the best interests of the public;
(B) 
Constitutes waste or inefficient use of land or other resources;
(C) 
Creates an undue hardship on the applicant for a permit; or
(D) 
Does not serve its intended purpose, is not effective or necessary.
(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.
(d) 
Any vehicle found to be in violation of subsection (b) above shall be subject to being towed by the city at the owner's expense upon 24 hours' notice.
(Ordinance adopting 2024 Code)