ORD 1992-14TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 92-14
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REGULATING AND RESTRICTING THE ALLOWANCE OF
ABANDONED AND JUNKED VEHICLES TO REMAIN ON
PUBLIC OR PRIVATE PROPERTY; PROVIDING
DEFINITIONS; PROVIDING FOR ENFORCEMENT OF THE
ORDINANCE; DECLARING A PUBLIC NUISANCE;
PROVIDING FOR NOTIFICATION TO THE OWNER OF THE
PREMISES ON WHICH AN ABANDONED OR JUNKED
VEHICLE IS LOCATED; PROVIDING FOR THE SALE OR
DISPOSITION OF ABANDONED OR JUNKED MOTOR
VEHICLES; PROVIDING FOR A PUBLIC HEARING PRIOR
TO THE REMOVAL OF AN ABANDONED OR JUNKED MOTOR
VEHICLE; PROVIDING EXCEPTIONS; PROVIDING FOR
AUTHORITY OF OFFICERS TO ENFORCE THE TERMS
HEREOF; PROVIDING A SAVINGS CLAUSE; REPEALING
ORDINANCE NOS. 89-13 AND 89-18 RELATING TO
JUNKED AND ABANDONED VEHICLES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
NOT LESS THAN ONE DOLLAR ($1.00) FOR MORE THAN
TWO THOUSAND DOLLARS ($2,000,00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the "Town") is
authorized and empowered pursuant to article 4777-9a, Tex. Rev.
Civ. Stat. Ann. (Vernon), as amended, to establish rules and
regulations regarding abandoned and junked motor vehicles; and
WHEREAS, the Town desires to establish such regulations and
procedures for the removal of abandoned or junked motor vehicles
within the Town limits; and
WHEREAS, the Town Council does hereby find and determine that
the adoption of this ordinance is in the best interest of the
public health, safety, morals and general welfare of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
Section 1. Definitions. For purposes of this ordinance, the
following definitions apply, to wit:
A. "Abandoned motor vehicle" means a motor vehicle that is
inoperable and more than five (5) years old and left unattended on
public property for more than forty-eight (48) hours, or a motor
vehicle that has remained illegally on public property for a period
of more than forty-eight (48) hours, or a motor vehicle that has
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remained on private property without the consent of the owner or
person in control of the property for more than forty-eight (48)
hours, or a motor vehicle left unattended on the right-of-way of a
designated county, state, or federal highway within the Town for
more than forty-eight (48) hours.
B. "Antique auto" means a passenger car or truck that was
manufactured in 1925 or before or a passenger car or truck that is
at least thirty-five (35) years old.
C. "Collector" means the owner of one or more antique or
special interest vehicles who collects, purchases, acquires,
trades, or disposes of special interest or antique vehicles or
parts of them for personal use in order to restore, preserve, and
maintain an antique or special, interest vehicle for historic
interest.
D. "Garagekeeper" means an owner or operator of a parking
place or establishment, motor vehicle storage facility, or
establishment for the servicing, repair or maintenance of a motor
vehicle.
E. "Junked vehicle" means a motor vehicle as defined in
article 670ld-11, V.T.C.S.:
(1) that is inoperative; and
(2) (a) that does not have lawfully affixed to it either an
unexpired license place or a valid motor vehicle safety
inspection certificate, (b) that is wrecked, dismantled,
partially dismantled, or discarded, (c) or that remains
inoperable for a continuous period of more than 45 days.
F. "Motor vehicle" means a motor vehicle subject to
registration under article 6687-1, Vernon's Texas Civil Statutes,
the Certificate of Title Act, except that for purposes of Sections
2.A, 2.B and 2.D of this Ordinance, "motor vehicle" includes a
motorboat, outboard motor, or vessel subject to registration under
Chapter 31, Texas Parks and Wildlife Code.
G. "Police department" means the police department of the
Town of Trophy Club.
H. "Special interest vehicle" means a motor vehicle of any
age that has not been altered or modified from original
manufacturer's specifications and, because of its historic
interest, is being preserved by hobbyists.
I. "Storage facility" means a garage, parking lot, or any
type of facility or establishment for the servicing, repairing,
storage, or parking of motor vehicles.
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Section 2. Abandoned Motor Vehicles.
A. Authority to Take Possession. The police department may
take into custody an abandoned motor vehicle found 'on public or
private property. The police department may employ its own
personnel, equipment, and facilities, or when specifically
authorized by the Town Council, hire persons, equipment, and
facilities to remove, preserve and store an abandoned motor vehicle
it takes into custody.
B. Notice. (1) In the event the police department takes
into custody an abandoned motor vehicle, it shall notify not later
than the 10th day after taking the motor vehicle into custody, by
certified mail, the last known registered owner of the motor
vehicle and all lienholders of record pursuant to the Certificate
of Title Act (article 6687-1, V.T.C.S.), that the vehicle has been
taken into custody. 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 lienholders of
their right to reclaim the motor vehicle not later than the 20th
day after the date of the notice, on payment of all towing,
preservation, and storage charges resulting from placing the
vehicle in custody, or garagekeeper's charges, if applicable. The
notice shall also state that the failure of the owner or
lienholders to exercise their right to reclaim the vehicle within
the time provided constitutes a waiver by the owner and lienholders
of all right, title, and interest in the vehicle and their consent
to the sale of the abandoned motor vehicle at a public auction.
(2) If the identity of the last registered owner cannot be
determined, if the registration contains no address for the owner,
or if it is impossible to determine with reasonable certainty the
identity and address of all lienholders, notice by one publication
in one newspaper of general circulation in the Town is sufficient
notice. The notice by publication may contain multiple listings of
abandoned vehicles, 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.
C. Storage Fees. When the police department has taken
custody of an abandoned motor vehicle, the Town shall be entitled
to reasonable storage fees for:
(1) a period of not more than 10 days beginning on the day
the department takes custody and continuing through the
day the department mails notice as provided by this
section; and
(2) a period beginning of the day after the department mails
notice and continuing through the day any accrued
charges are paid and the vehicle is removed.
ZSC
D. Sale. or Other Disposition.
(1) If an abandoned motor vehicle has not been reclaimed as
provided, the police department shall sell the abandoned motor
vehicle at a public auction. Such auction shall be held as
required by and in accordance with the provisions of Section 5.04
of article 4477-9a, V.T.C.S.
(2) The disposition of abandoned motor vehicles left in
storage facilities by garagekeepers shall be in accordance with
sections 5.04 and 5.05 of article 4477--9a, V.T.C.S.
(3) The disposition of abandoned motor vehicles to a
demolisher and the duties of a demolisher with regard thereto shall
be in accordance with Section 7 of article 6687-9, V.A.C.S.
Section 3. Junked Vehicles.
A. Declaration of Nuisance.
(1) A junked vehicle that is located in a place where it is
visible from a public street or public right-of-way is detrimental
to the safety and welfare of the general public, tends to reduce
the value of private property, invites vandalism, creates fire
hazards, constitutes an attractive nuisance creating a hazard to
the health and safety of minors, and is detrimental to the economic
welfare of the Town by producing urban blight adverse to the
maintenance and continuing development of the Town, and is a public
nuisance.
(2) A junked vehicle that is located in a place where it is
visible only from private property is detrimental to the safety and
welfare of the general public, tends to reduce the value of private
property, invites vandalism, creates fire hazards, constitutes an
attractive nuisance creating a hazard to the health and safety of
minors, and is detrimental to the economic welfare of the Town by
producing urban blight adverse to the maintenance and continuing
development of the Town, and is a nuisance.
The provisions of subsection B. of this Section 3 relating to
abatement of nuisance shall not be applicable to a junked vehicle
visible only from private property. For purposes of enforcement of
this subsection (2), a complaint may be filed in the municipal
court of the Town, and the Town may pursue any remedy if may have,
whether at law or in equity, to ensure compliance with this
ordinance.
(3) A person commits an offense if that person maintains such
a public nuisance or nuisance on property owned by him or under his
control.
(4) A person who commits an offense under this section is, on
conviction, subject to a fine not to exceed Two Hundred Dollars
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($200.00). On conviction, the court shall order removal and
abatement of the nuisance.
B. Abatement of Nuisance.
(1) Found on Private Property:
In the event a junked vehicle constituting a public nuisance
is found on private property, the Town shall notify the last known
registered owner of the junked vehicle, any lienholder of record
and the owner or occupant of the private premises on which the
public nuisance exists, in writing by certified mail with a 5 -day
return requested, which notice shall state the nature of the public
nuisance, that such public nuisance must be removed and abated from
such private property within 10 days, and that a request for a
hearing must be made before expiration of the 10 -day period. If
the post office address of the last known registered owner of the
motor vehicle is unknown, notice to the last known registered owner
may be placed on the motor vehicle, or, if the last known
registered owner is physically located, the notice may be hand
delivered. If the notice is returned undelivered by the United
States Post Office, official action to abate the nuisance shall be
continued to a date not less than 10 days after the date of the
return.
(2) Found on Public Property:
In the event a junked vehicle constituting a public nuisance
is found on public property, notice in writing must be mailed, by
certified mail with a 5 -day return requested, to the last known
owner of the junked motor vehicle, any lienholder of record and to
the owner or occupant of the public premises or to the owner or
occupant of the public premises or to the owner or occupant of the
premises adjacent to the public right-of-way on which the public
nuisance exists, which notice shall state the nature of the public
nuisance on public property or on a public right -of --way, that the
nuisance must be removed and abated within ten (10) days, and that
a request for a hearing must be made before expiration of the 10 -
day period. If the post office address of the last known
registered owner of the motor vehicle is unknown, notice to the
last known registered owner may be placed on the motor vehicle, or,
if the last known registered owner is physically located, the
notice may be hand delivered. If the notice is returned
undelivered by the United States Post Office, official action to
abate the nuisance shall be continued to a date not less than ten
(10) days after the date of the return.
(3) Any junked vehicle constituting a nuisance hereunder
which is removed from either private or public property shall not
be reconstructed or made operable.
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(4) Public Hearing:
a. A public hearing shall be held before the municipal judge
of the Town before the removal of a vehicle or vehicle
part constituting a public nuisance if such a hearing is
requested by the owner or occupant of the private or
public premises or by the owner or occupant of the
premises adjacent to the public right-of-way on which the
vehicle is located, within 10 days after service of the
notice to abate the nuisance. At the hearing it is
presumed, unless demonstrated otherwise by the owner,
that the vehicle is inoperable. If, after such public
hearing, the municipal judge determines that the vehicle
or vehicle part is a public nuisance as defined herein,
he shall enter an order requiring the removal of such
vehicle or vehicle part and shall in such order include
a description of the vehicle and the correct
identification number and license number of the vehicle,
if the information is available at the site.
b. If such a public hearing is not requested, the municipal
judge shall nevertheless conduct a public hearing
relative to the removal and abatement of the nuisance.
If, after such public hearing, the municipal judge
determines that the vehicle or vehicle part is a public
nuisance as defined herein, he shall enter an order as
outlined in the immediately preceding paragraph. In
addition, the Town may file a complaint in an appropriate
court seeking injunctive relief and/or any other legal
remedy available to it.
(5) In the event of removal of a junked vehicle as provided
herein, notice shall be given to the State Department of Highways
and Public Transportation not later than the fifth day after the
date of removal. Such notice must identify the vehicle or vehicle
part.
C. Exceptions. The procedures of this section shall not
apply to a vehicle or vehicle part 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, a vehicle or
vehicle part that is stored or parked in a lawful manner on private
property in connection with the business of a licensed vehicle
dealer or junkyard, or an unlicensed, operable, or inoperable
antique or special interest vehicle stored by a collector on the
collector's property, if the vehicle and the outdoor storage area
are maintained in a manner so 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.
D. Authority to Enforce. The police department, Town
Building Official or Code Enforcement Officer shall be and are
hereby authorized to administer the terms of this Ordinance and
such persons may enter private property for the purposes specified
herein to examine a vehicle or vehicle part, obtain information as
to the identity of the vehicle, and remove or cause the removal of
a vehicle or vehicle part that constitutes a nuisance. The
municipal court shall be authorized to issue orders necessary to
enforce the procedures of this subsection.
Section 4. Obstruction of Traffic. This Ordinance shall not
affect any law authorizing the immediate removal, as an obstruction
to traffic, of a vehicle left on public property.
Section 5. Purpose. The procedures for removal of junked or
abandoned motor vehicles as herein established have been made for
the purpose of promoting the health, safety, morals and the general
welfare of the Town.
Section 6. Savings; Repealer.. That this ordinance shall be
cumulative of all other ordinances of the Town affecting vehicles
and shall not repeal any of the provisions of said ordinances
except those instances where provisions of those ordinances are in
direct conflict with the provisions of this ordinance; provided,
however, that Ordinance Nos. 89-13 and 89-18 of the Town relating
to abandoned and junked vehicles shall be and are hereby repealed,
but provided that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to ordinance Nos.
89-13 and 89-18 on the date of adoption of this Ordinance shall
continue to be governed by the provisions of the said Ordinances
and for that purpose the said Ordinances shall remain in full force
and effect.
Section 7. Severability. If any section, article, paragraph,
sentence, clause, phrase or word in this Ordinance, or application
thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding
shall not affect the validity of the remaining portions of the
ordinance, and they Town Council hereby declares it would have
passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 8. Penalty. Any person violating any of the
provisions of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined, except as
otherwise provided herein, in a sum not less than One Dollar
($1.00) nor more than Two Thousand Dollars ($2,000.00) for each
offense and a separate offense, shall be deemed committed upon each
day during or on which a violation occurs or continues.
Section 9. Effective Date. That this ordinance shall become
effective from and after the date of its date of passage and
publication as provided by law.
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PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas this the k,7d-1 day of ) , 1992.
May,6r, own of Tra Club, Texas
ATTEST:
Town Secret y
Town of Trophy Club, Texas
[SEAL]
AS TO FORM:
Town Atorney
Town of Trophy Club, Texas
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