O-2010-3265 updating junked motor vehicle regulations

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Storage Facility means a garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing, or parking of motor vehicles. SECTION 2. Chapter 34 "Environment", Article V "Junked Motor Vehicles", Section 34-167 "Authority to enforce article provisions", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: "Sec. 34-167. Authority to enforce article provisions. The city's Director of Planning, and/or his employees shall administer the removal of vehicles or parts of vehicles from property. The City's Director of Planning and/or his employees, or his authorized agent, or any peace officer, may enter upon private property for the purposes specified in this article to examine vehicles or parts of vehicles, obtain information as to the identity of vehicles, and to remove or cause the removal of a vehicle or parts of vehicles declared to be a nuisance pursuant to this article. The municipal court of the city shall have authority to issue all orders necessary to enforce such article." SECTION 3. Chapter 34 "Environment", Article V "Junked Motor Vehicles", Section 34-168 "Location or presence within city deemed public nuisance; exceptions", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: "Sec. 34-168. Location or presence within city deemed public nuisance; exceptions. (a) A junked vehicle, including a part of a junked vehicle, that is located on private or public property, occupied or unoccupied, improved or unimproved, and is visible at any time of the year from a public place, public right-of-way, or private property is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates a fire hazard, is an attractive nuisance creating a hazard to the health and safety of minors, and is 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 a public nuisance. (b) A person commits a misdemeanor offense if the person maintains a public nuisance described in subparagraph "a" of this section, by locating a junked vehicle on private or public property, in circumstances where the junked vehicle is visible at any time of the year from a public place, public right-of-way, or private property or otherwise causes or maintains such public nuisance by wrecking, dismantling, rendering inoperable, abandoning or discarding his vehicle on his property or the property of another. Neither allegation nor evidence of a culpable mental state is required for the Page 2 of 5