Ord 17-2006 3/7/2006 . , �
, '
ORDINANCE NO. � �-��
ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 46 AT ARTICLE
III, ABANDONED, INOPERATIVE, OR JUNKED MOTOR VEHICLES;
PROVIDING A REPEALER CLAUSE; PROVIDING FOR INCLUSION IN
THE CODE, PROVIDING FOR SEVERABILITY; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the presence of a junk vehicle on private property creates an
attractive nuisance for children and endangers their safety; and,
WHEREAS, the presence of a junk vehicle on private property provides
harborage for vermin and creates or enhances fire hazards; and,
WHEREAS, the presence of a junked vehicle on private property causes
neighborhoods to become aesthetically displeasing, resulting in the depreciation of
property values.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Chapter 46 is hereby amended in its entirety at Article III,
Abandoned, Inoperative, or Junked Motor Vehicles, so that such Article shall hereafter
read as follows:
"ARTICLE III. JUNKED VEHICLE
DIVISION 1. GENERALLY
Sec. 46-56. 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 auto means a passenger car or truck that was manufactured in 1925 or
before, or which become thirty-five (35) or more years old.
Collector means the owner of one (1) or more antique or special interest vehicles who
collects, purchases, acquires, trades or disposes of special interest of antique vehicles
or parts of them for his own use in order to restore, preserve and maintain an antique or
special interest vehicle for historic interest.
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.
Inoperab/e motor vehicle means a motor vehicle that does not have lawfully
affixed to it either an unexpired license plate or a valid motor vehicle safety inspection
certificate, or a vehicle that is not in operating condition because it is wrecked,
dismantled, partially dismantled or has one or more flat tires.
Junked Vehicle means a vehicle, that is self-propelled and:
(a) Does not have lawfully attached to it:
1. An unexpired license plate; or
2. A valid motor vehicle inspection certificate; and
(b) Is:
1. Wrecked, dismantled or partially dismantled, or discarded; or
2. Inoperable and has remained inoperable for more than:
A. Seventy-two (72) consecutive hours, if the vehicle is on
public property; or
B. Thirty (30) consecutive days, if the vehicle is on private
property.
Special interest vehicle means a motor vehicle of any age which has not been
altered or modified from the originat manufacturer's specifications and, because of its
historic interest, is being preserved by hobbyists.
Sec. 46-57. Deemed Junk Vehicle; Declared Unlawful.
(a) Junked vehicles, including a part of a junked vehicle, tarps or covers
thereon, that are visible from a public place or public right-of-way, are detrimental to the
safety and welfare of the general public, tending to reduce the value of private property,
to invite vandalism, to create fire hazards, to constitute an attractive nuisance creating a
hazard to the health and safety of minors, and are 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 and subject to abatement as provided herein.
(b) The presence of any junked motor vehicle on any private lot, tract or
parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved, or
on any public right-of-way or other public property within the city, shall be deemed a
public nuisance.
(c) It shall be unlawful for any person to cause or maintain such a junk
vehicle by wrecking, dismantling, partially dismantling, rendering inoperable,
abandoning, or discarding a motor vehicle on a public right-of-way or other public
property or on the real property of another or to permit a junked motor vehicle to be
parked, left, or maintained on his own real property.
Sec. 46-58. Prohibited.
It shall be unlawful for the owner or occupant of any real property within the city
to keep or permit other persons to keep any junked vehicle or parts thereof on said
premises in ordinary public view.
Sec. 46-59. Exemptions.
The provisions of this article shall not appty to:
(a) A vehicle or vehicle part which is completely enclosed within a building in
a lawful manner where it is not visible from the street or other public property;
(b) A vehicle or vehicle part which is stored or parked in a lawful manner on
private property in connection with the business of a licensed vehicle dealer or a
junkyard; and
(c) Unlicensed, operable or inoperable antique or special interest vehicles
stored by a collector on the collector's property, provided that the vehicles and the
outdoor storage areas are maintained in such manner 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.
Sec. 46-60. Enforcement.
(a) A person authorized by the city to administer the procedures authorized
by this article may enter private property for the purposes specified in the procedures to
examine a junk vehicle, obtain information to identify the junk vehicle, and to remove or
direct the removal of the junk vehicle. The municipal court of the city may issue orders
necessary to enforce these procedures.
(b) The administration of the procedures provided by this article shall be
accomplished by regular, salaried, full-time employees of the city, except that the
removal of vehicles or vehicle parts from property may be by any other duly authorized
person.
(c) The city manager or his designee may take civil abatement action
pursuant to Division 2 of this article and/or take criminal action pursuant to Division 3 of
this article.
Sec. 46.61. Relocation of Junk Vehicle After Commencement of Abatement
Proceedings.
The relocation of a public nuisance which is a junk vehicle under this division to
another location in the city after a notice to abate such junk vehicle has been mailed
has no effect on the abatement proceedings if the junked vehicle constitutes a public
nuisance at the new location.
Sec. 46.62. Proof of Culpable Mental State Not Required.
Neither allegation nor evidence of a culpable mental state is required for the
proof of an offense defined by this article.
Sec. 46.63. Effect of Article on Other Ordinances.
This article does not affect any ordinance or law authorizing the immediate
removal of a vehicle.
Sec. 46.64. Severability.
If any section, paragraph, sub-division, clause or phrase of this article shall be
adjudged invalid or held unconstitutional, the same shall not affect the validity of this
article as a whole or any part of any provision thereof other than the part so decided to
be invalid or constitutional.
DIVISION 2. NOTICE
Sec. 46.65. Notice to Owner to Abate Junk Vehicle.
(a) Whenever a junk vehicle exists on private property within the city in
violation of this article, the city manager or his designee shall give notice stating
(1) the nature of the junk vehicle on private property,
(2) that the junk vehicle must be removed and abated within ten (10)
days,
(3) that the person receiving notice has the right to a hearing,
(4) that a request for a hearing must be made before the expiration of
the ten-day period and
(5) providing the location, time and date for which a hearing will be
held, with such date being no earlier than the 30 day and no later
than the 60 day from the date that the notice was mailed,
delivered or posted.
(b) The notice must be mailed, by certified mail with a five-day return
requested, to the last known registered owner of the junked motor vehicle, any lien
holder of record, and the owner or occupant of the private premises on which the junk
vehicle exists.
(c) If the notice is returned undelivered by the United States Post Office, new
notice must be given by placing said notice on the junk vehicle or by hand delivery.
(d) If the post office address of the last known registered owner of the 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.
DIVISION 3. CRIMINAL PROCESS
Sec. 46.66. Trial in Municipal Court-Findings of Judge; Penalty.
(a) The judge of the municipal court shall hear any case brought before the
court as set out herein, and shall determine whether the defendant is, in fact, in
violation of this article.
(b) Upon a finding that the defendant is in violation of this article, such
defendant shall be deemed guilty of a Class C misdemeanor and subject to a fine of not
more than $200.00.
(c) A person who violates a provision of this article is guilty of a separate
offense for each day or portion of a day during which the violation is committed,
continued or permitted in violation of this division.
(d) The judge of the court shall further order the defendant to remove and
abate such junk vehicle within ten (10) days. To abate or remove the junk vehicle, the
judge of the municipal court may issue an order to the city manager or his designee to
have the same removed, and the city manager or his designee shall take possession of
such junked motor vehicle and remove it from the premises. The city manager or his
designee shall thereafter dispose of such motor vehicle in such manner consistent with
state law and Division 5 of this article.
Sec. 46.67. Description of Vehicle in Order.
Any order requiring the removal of a vehicle or part thereof shall include a
description of the vehicle, and the correct identification number and license number of
the vehicle, if available at the site.
DIVISION 4. CIVIL ABATEMENT PROCESS
Sec. 46.68. Public Hearing; Order to Abate Junk Vehicle.
(a) The city manager or his designee shall appoint an individual to preside as
the administrative hearing officer. The administrative hearing officer shall be authorized
to administer oaths and issue orders compelling the attendance of witnesses and the
production of documents.
(b) A public administrative hearing shall be held no earlier than 30 days and
no later than 60 days after the date of the notice to abate the junk vehicle, in
accordance with Division 2 of this article.
(c) The person who issued the citation or summons is not required to attend a
hearing under this section.
(d) A person charged with civil liability under this section is not required to
appear at a hearing authorized under this section.
(e) The hearing officer may proceed with the hearing without the presence of
the person charged as long as the notice provision in Division 2 of this article was
complied with.
Sec. 46.69. Fees.
The hearing officer may charge reasonable fees and expenses for each junk
vehicle or part thereof, not to exceed $150.00.
Sec. 46.70. Compliance.
The municipal court may enforce an order of a hearing officer compelling the
attendance of a witness or the production of a document.
Sec. 46.71. Record Keeping.
The original or a copy of the summons or citation shall be kept as a record in the
ordinary course of business of the municipality and is rebuttable proof of the facts it
states.
Sec. 46.72. Order Requirements.
(a) At a hearing under this section, the hearing officer shall issue an order
stating whether the person charged with violating this article is liable for the violation
and the amount of a penalty, cost, or fee assessed against the person.
(b) Any order requiring the removal of a vehicle or part thereof shall include a
description of the vehicle, and the correct identification number and license number of
the vehicle, if available at the site.
Sec. 46.73. Order of Possession and Removal.
If at the administrative hearing, it is determined that the person charged with
violating this article is in violation of this article, the city manager or his designee shall
thereafter dispose of the motor vehicle in such a manner consistent with state law and
Division 5 of this Article.
Sec. 46.74. Civil Suit.
An order issued under this section against a person charged with an ordinance
violation may be enforced by filing a civil suit for the collection of a penalty assessed
against the person and obtaining an injunction that prohibits specific conduct that
violates the ordinance or requires specific conduct necessary for compliance with the
ordinance.
Sec. 46.75. Appeal.
(a) A person who is found by a hearing officer to have violated an ordinance
may appeal the determination by filing a petition in municipal court before the 31st day
after the date the hearing officer's determination is filed.
(b) An appeal does not stay enforcement and collection of the judgment
unless the person, before filing the appeal, posts a bond with an agency designated for
that purpose by the municipality.
(c) An appeal under this section shall be de novo.
DIVISION 5. DISPOSAL
Sec. 46.76. Interference with Impoundment.
It shall be unlawful for any person to knowingly or intentionally interfere with or
attempt to prevent the physical impoundment of any junked vehicle by a duly authorized
person or his designee pursuant to this article or pursuant to the Texas Litter
Abatement Act.
Sec. 46.77. Removal with Permission of Owner.
After receipt of notice from the city manager to abate the junk vehicle as herein
provided, the owner or occupant of the premises may, within ten (10) days, give written
permission to the city manager for removal of the junked motor vehicle. The giving of
such permission shall be considered compliance with the provisions of this article. A
vehicle that has been removed may not be reconstructed or made operable.
Sec. 46.78. Notification of Department of Transportation.
Within five days after the date of removal of such junked vehicle the code
enforcement officer shall deliver to the department of transportation a notice identifying
the vehicle or part thereof.
Sec. 46.79. No Reconstruction of Removed Vehicles.
After removal of any junked vehicle, it shall not be reconstructed or made
operable.
Sec. 46.80. Disposal.
(a) A junked vehicle, including a part of a junked vehicle, may be removed to
a scrap yard, a motor vehicle demolisher, or a suitable site operated by the city.
(b) The city may operate a disposal site if the city council determines that
commercial disposition of junked vehicles is not available or is inadequate. The city
may:
(1) Finally dispose of a junked vehicle or vehicle part; or
(2) Transfer it to another disposal site if the disposal is scrap or
salvage only.
Secs. 46-81-46-120 Reserved."
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3. It is the intention of the City Council of the City of Wichita Falls,
Texas, that the provisions of this ordinance shall become a part of the Code of
Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may
be renumbered or relettered to accomplish such intention.
SECTION 4. Should any word, phrase, paragraph, section or portion of this
ordinance or the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full
force and effect.
SECTION 5. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 7 th day of March, 2006.
AYOR
ATTEST:
ity Clerk
Affidavit of Publication
THE STATE OF TEXAS #144552
_ COUNTY OF WICHITA
ORDINANCE N0.
17-2006 '
ORDINANCE AMEND-' r
ING IN ITS ENTIR�- OIl t�11S ZO CI`Ay Ol M'dTCIl ZOO6 A D ...
TY GHAPTER 16 AT
D O N�E DE I�N O P E R A= perS011all3' appCarCCI bCfOYC 1ile� t118 UIl(IeTSlglleCl aUtIlOP1Ty
MOTOR VEH�ICL s°; Kathy Salan, Sales Assistant for the Times Publishing
P R O V 1 D I N G A R E- COIIl an of Wichita Falls ublishers of the Wichita Falls
PEALER`CLAUSE; P Y �P
PROVIDING FOR IN-,
C L U S 1 O N I N T H� Times/Record News, a newspaper published at Wichita Falls in
CODE, PROVIDING
FOR SEVERABILITY Wichita County, Texas, and upon being duly sworn by me, on
oath states that the attached advertisement is a true and
correct copy of advertising published in One (1) issues hereof
on the following date:
March 19, 2006
� �
Sales Assistant for Times Publishi g Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
, ,�```'�\NE �S �����''''�,, ��rZ�l�,,tJ ���
�` ��;�p��� P �� �N .r
% 9 � �� �
'., 0 ••.FkpIpES••`� `\:
����'' S ' 17 - 2 �``���`
''��i,n nnn��`��