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HomeMy WebLinkAboutO-1999-1387-B . e ORDINANCE NO. 99- ,3 t'1'" B AN ORDINANCE AMENDING CHAPTER 34, ENVIRONMENT, ARTICLE V. JUNKED MOTOR VEHICLES, SECTION 34-166, DEFINITIONS, AND SECTION 34-168, LOCA TION OR PRESENCE WITHIN CITY DEEMED PUBLIC NUISANCE; EXCEPTIONS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 34-166 of the Code of Ordinances of the City of La Porte, Texas is hereby amended to read as follows, to-wit: "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 35 years old. Demolisher means any person whose business is to convert a motor vehicle into processsed 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 a is self-propelled and: (1) does not have lawfully attached to it: a. an unexpired license plate; or b. a valid motor vehicle inspection certificate; (2) j,s 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 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 ORDINANCE NO. 9.,3c&1-B PAGE 2 e 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." Section 2. Section 34.168 of the Code of Ordinances of the City of La Porte, Texas is hereby amended to read as follows, to wit: "Sec. 34-168. Location or presence within city deemed public nuisance; exceptions. (a) The location or presence of any junked vehicle on any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the city shall be deemed a public nuisance, and it shall be unlawful for any person to cause or maintain such public nuisance by wrecking, dismantling, rendering inoperable, abandoning or discarding his vehicle on the property of another or to suffer, permit or allow such vehicle to be placed, located, maintained or exist upon his own real property; provided, however that 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: aJ. 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. (b) 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." ORDINANCE NO. .,311-8 PAGE 3 . Section 3. I'f any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. 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 of the city for the time required by law preceding this meeting, 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 5. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED THIS THE IloJ1..' DAY OF (f)f)9WAJ ,1999. CITY OF LA PORTE ORDINANCE NO. J',:1 ~7.. i3 PAGE 4 ATTEST: BY:~ JjJ.jjJj) M,A:R A GILLETT, City Secretary .