HomeMy WebLinkAboutO-2011-3370 amending the City’s Junked Motor Vehicle regulationsaoll-
ORDINANCE NO.-S-!
—! 7 0
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 THE DEFINITION OF A JUNKED VEHICLE; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 34, "Environment", Article V., "Junked Motor Vehicles", Section
34-166 "Definitions", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as
follows:
"Sec. 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 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) displays an expired license plate or invalid motor vehicle inspection certificate or does
not display a license plate or 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. Seventy-two consecutive hours, if the vehicle is on public property; or
b. Thirty consecutive days, if the vehicle is on private property.
Ordinance No. r ()
Page 2
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."
Section 2: 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 3: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall
be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00).
Section 5. 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 is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't 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.
Ordinance No.
Page 3
Section 6. 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 official newspaper of the City of La Porte at least once within ten
(10) days after passage of this ordinance.
PASSED AND APPROVED this the�'4ay ofJJ-Z (�/,� , 2011.
CI'
LIM
APPROVE
-AA T,
Assistant City Attorney