HomeMy WebLinkAboutO-2010-3265 updating junked motor vehicle regulationsH
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 26, 2010
Requested By: D. Wilmore
Department: Planning
Report: Resolution: Ordinance: X
Exhibits: Proposed Changes
Exhibits: Ordinance
Budget
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The city's original junked motor vehicle regulations (Ordinance #1387) were passed in October of 1983. There
have been two updates since that time with the last one being in October 1999. Following recent state law changes
enacted in the Transportation Code, the ordinance is again in need of an update.
Following meetings with staff and discussions with TML,, legal utilized a TML model ordinance as a guideline and
developed the attached ordinance. The ordinance incorporates changes necessary to comply with recent state law
changes and would become effective fourteen (14) days after passage.
or other action on the junked motor vehicle ordinance
Ron Bottoms, City Manager
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Date
Section 34-166. Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Antique vehicle means a passenger car or truck that is at least 3-5-25 years old.
Demolisher means any person whose business is to convert a motor vehicle into
processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles.
Junked vehicle means any motor vehicle as defined in V.T.C.A., Transportation Code §
683.071 that is self-propelled and:
(1) Does not have lawfully attached to it:
a. An unexpired license plate; or -and
b. A valid motor vehicle inspection certificate; and
(2) Is wrecked, dismantled or partially dismantled, or discarded; or
(3) Is inoperable and has remained inoperable for more than:
a. 72 consecutive hours, if the vehicle is on public property; or
b. 30 consecutive days, if the vehicle is on private property.
Motor Vehicle means any motor vehicle subject to registration pursuant to the Texas
Certificate of Title Act.
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.
Storage Facility means a garage, parking lot, or any type of facility or establishment for
the servicing, repairing, storing, or parking of motor vehicles.
Page 1 of 5
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.
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
Page 2 of 5
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(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
Page 2 of 5
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
proof of an offense defined in this chapter, during the prosecution of such offenses in
any criminal proceeding.
(c) This section shall not apply to a vehicle or part of a vehicle that is:
(1) Completely enclosed within a building in a lawful manner where it is not
visible from the street or other public or private property; or
(2) Stored or parked in a lawful manner on private property in connection with
the business of a licensed vehicle dealer or 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.
(d) The relocation of a junked vehicle that is subject to a proceeding for the abatement
and removal of said junked vehicle under this Code, does not constitute an abatement
of said junked vehicle nuisance, provided that said junked vehicle constitutes a
public nuisance at the new location.
Sec. 34-169. Abatement or removal notice; contents; service.
(a) Whenever such public nuisance exists in the city in violation of this article, the
director of planning and/or his employees, who shall administer this article, shall not give
less than ten days' notice sent by certified mail with a five-day return requested to:
(1) The last known registered owner of the nuisance;
(2) Each lienholder of record of the nuisance; and
(3) The owner or occupant of:
a. The property on which the nuisance is located; or
Page 3 of 5
b. If the nuisance is located on a public right-of-way, the property
adjacent to the right-of-way.
(b) Such notice shall state:
(1) The nature of the public nuisance on private property, public property or on a
public right-of-way;
(2) The nuisance must be abated and removed not later than the tenth day after
the date on which the notice was mailed; and
(3) Any request for a hearing must be made before that ten-day period expires.
(c) If the post office address of the last known registered owner of the nuisance is
unknown, notice may be placed on the nuisance or, if the owner is located, hand
delivered.
(d) If notice is returned undelivered, action to abate the nuisance shall be continued to a
date not earlier than the 11th day after the date of the return.
(e) After a vehicle has been removed, it shall not be reconstructed or made operable.
Sec. 34-170. Public hearing; resolution or order for removal.
(a) A public hearing prior to the removal of the vehicle or part thereof as a public
nuisance is to be held before the city council, municipal court judge, or other official
of the city as designated by the city council, when such 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 days after service of notice to abate the nuisance.
(b) A public hearing ordered under this section shall be held not earlier than the 11th day
after the date of the service of notice.
(c) At the public hearing, the vehicle which is the subject of the hearing is presumed,
unless demonstrated otherwise by the owner, to be inoperable.
(d) Any resolution or order requiring the removal of a vehicle or part thereof shall
include a description of the vehicle, and the vehicle identification number and license
plate number of the vehicle, if available at the site.
(e) A judge of the La Porte Municipal Court may issue necessary orders to enforce the
procedures for the abatement and removal of a public nuisance under this section."
Sec. 34-171. - Notice to state DOT of removal; title cancellation.
Notice shall be given to the state department of transportation within five days after the
date of removal identifying the vehicle or part of such vehicle. The department shall forthwith
cancel the certificate of title to such vehicle.
Sec. 34-172. Removal—Effect on Other Laws.
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Nothing in this Article shall affect laws or ordinances that permit immediate removal of a
vehicle left on public property which constitutes an obstruction to traffic, or laws or ordinances
which establish procedures for taking possession of abandoned motor vehicles.
Sec. 34-173. - Same—With permission of owner or occupant.
If, within ten days after receipt of notice from the director of planning and/or his
employees, or his duly authorized agent, to abate the nuisance, as provided in this article, the
owner or occupant of the premises shall give his written permission to the director of planning
and/or his employees, or his duly authorized agent for removal of the junked motor vehicle from
the premises, the giving of such permission shall be considered compliance with the provisions
of sections 34-169 through 34-172.
Sec. 34-174. - Disposal.
(a) If such public nuisance is not abated by the owner or occupant after notice is given in
accordance with this article, official action shall be taken by the city to abate such nuisance.
Junked vehicles or parts of junked vehicles may be disposed of by removal to a scrapyard,
demolishers or any suitable site operated by the city for process as scrap or salvage, which
removal or process shall be considered with subsection (b) of this section. A junked vehicle
disposed of to a demolisher, in accordance with this article, must be transferred to such
demolisher by a form acceptable to the state department of transportation (Form #MVD 71-5).
The transfer receipt must be listed on the demolisher's inventory list and surrendered to the state
department of transportation.
(b) After a vehicle has been removed pursuant to this section, it shall not be reconstructed
or made operable by any person.
Secs. 34-175-34-189. - Reserved.
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT", ARTICLE V
"JUNKED MOTOR VEHICLES", OF THE CODE OF ORDINANCES OF THE CITY
OF LA PORTE, TEXAS, RELATING TO REGULATION AND ABATEMENT OF
JUNKED MOTOR VEHICLES; CONTAINING A SEVERABLITY CLAUSE;
CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS
CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN AN AMOUNT NOT TO EXCEED TWO
HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING AN EFFECTIVE DATE;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. Chapter 34 "Environment", Article V "Junked Motor Vehicles", Section 34-166
"Definitions", of the Code of Ordinances of the City of LaPorte, Texas is hereby amended, by
including the following terms which shall be added, or replace existing definitions, in proper
alphabetical sequence, and which shall hereinafter read as follows:
Antique vehicle means a passenger car or truck that is at least 25 years old.
Junked vehicle means any motor vehicle as defined in V.T.C.A., Transportation Code §
683.071 that is self-propelled and:
(1) Does not have lawfully attached to it:
a. An unexpired license plate; and
b. A valid motor vehicle inspection certificate; and
(2) Is wrecked, dismantled or partially dismantled, or discarded; or
(3) Is inoperable and has remained inoperable for more than:
a. 72 consecutive hours, if the vehicle is on public property; or
b. 30 consecutive days, if the vehicle is on private property.
Motor Vehicle means any motor vehicle subject to registration pursuant to the Texas
Certificate of Title Act.
Page 1 of 5
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
proof of an offense defined in this chapter, during the prosecution of such offenses in
any criminal proceeding.
(c) This section shall not apply to a vehicle or part of a vehicle that is:
(1) Completely enclosed within a building in a lawful manner where it is not
visible from the street or other public or private property; or
(2) Stored or parked in a lawful manner on private property in connection with
the business of a licensed vehicle dealer or 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.
(d) The relocation of a junked vehicle that is subject to a proceeding for the abatement
and removal of said junked vehicle under this Code, does not constitute an abatement
of said junked vehicle nuisance, provided that said junked vehicle constitutes a
public nuisance at the new location."
SECTION 5. Chapter 34 "Environment", Article V "Junked Motor Vehicles", Section 34-170
"Public hearing; resolution or order for removal", of the Code of Ordinances of the City of La
Porte, Texas is hereby amended, which said section shall hereinafter read as follows:
"Sec. 34-170. Public hearing; resolution or order for removal.
(a) A public hearing prior to the removal of the vehicle or part thereof as a public
nuisance is to be held before the city council, municipal court judge, or other official
of the city as designated by the city council, when such 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 days after service of notice to abate the nuisance.
(b) A public hearing ordered under this section shall be held not earlier than the I It" day
after the date of the service of notice.
(c) At the public hearing, the vehicle which is the subject of the hearing is presumed,
unless demonstrated otherwise by the owner, to be inoperable.
(d) Any resolution or order requiring the removal of a vehicle or part thereof shall
include a description of the vehicle, and the vehicle identification number and license
plate number of the vehicle, if available at the site.
(e) A judge of the La Porte Municipal Court may issue necessary orders to enforce the
procedures for the abatement and removal of a public nuisance under this section."
Page 3 of 5
SECTION 6. Chapter 34 'Environment", Article V "Junked Motor Vehicles", Section 34-172
"Removal --Administration", of the Code of Ordinances of the City of La Porte, Texas is hereby
amended, which said section shall hereinafter read as follows:
"Sec. 34-172. Removal—Effect on Other Laws.
Nothing in this Article shall affect laws or ordinances that permit immediate removal of a vehicle
left on public property which constitutes an obstruction to traffic, or laws or ordinances which
establish procedures for taking possession of abandoned motor vehicles."
SECTION 7: All ordinances or parts of ordinances inconsistent with the terms of this ordinance
are hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
SECTION 8. If any provision, section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to any person or set of circumstances is for any reason
held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance
or their application to other persons or sets of circumstances shall not be affected thereby, it being
the intent of the City Council in adopting this ordinance that no portion hereof or provision or
regulation contained herein shall become inoperative or fail by reason of any unconstitutionality,
voidness or invalidity of any other portion hereof, and all provisions of this ordinance are
declared to be severable for that purpose.
SECTION 9. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council was posted
at a place convenient to the public at the City Hall as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
SECTION 10. This ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by causing the
caption hereof to be published in the Bayshore Sun at least once within the ten (10) days ager the
passage of this ordinance.
PASSED AND APPROVED, thi;10' DAY OF ,} ��. , 2010
Page 4 of 5
ATTEST:
"MdAha Gillett, City Secretary
APPROV D AS TO FORM:
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Mark T. Askins, Assistant City Attorney
CITY OF LA PORTE
Daryl L o r ayor Pro Tehi
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