Ordinance No. 1,483ORDINANCE NO.1483
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,
TEXAS,BY THE AMENDMENT OF CHAPTER 18,"MOTOR VEHICLES ANDTRAFFIC",
DIVISION 2,"ABATEMENT AND REMOVAL OF JUNKED VEHICLES",TO REPEAL
THE PROVISIONS OF SUCH DIVISION AS PRESENTLY CONSTITUTED AND TO SUB
MIT IN ITS PLACE ANEW DIVISION 2,"ABATEMENT AND REMOVAL OF JUNKED
VEHICLES",REQUIRING ALL JUNKED VEHICLES VISIBLE FROM A PUBLICPLACE
OR PUBLIC RIGHT OF WAY TO BE REMOVED OR ABATED;PROVIDING CERTAIN DE
FINITIONS;PRESCRIBING SPECIFIC EXCEPTIONS;DESIGNATING THE CHIEF OF
POLICETHE ADMINISTRATOR OF THISDIVISION AND PRESCRIBING HIS AU
THORITY;PRESCRIBING THE REQUIREMENTS FOR NOTICE,HEARING,REMOVAL,
DISPOSAL AND RECONSTRUCTION;REQUIRING NOTICE TO THE TEXAS HIGHWAY
DEPARTMENT UPON REMOVAL;PROVIDING AMAXIMUM PENALTY OF TWO HUNDRED
($200.00)DOLLARS FOR EACH OFFENSE;PROVIDING A SAVINGS CLAUSE;AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:That the Code of Ordinances of the City of Baytown is hereby
amended by the amendment of Chapter 18,"Motor Vehicles and Traffic",by repealing
Division 2,"Abatement and Removal of Junked Vehicles",thereof andthe same
shall cease to have force and effect from and after the effective date of this
ordi nance.
Section 2:That the Code of Ordinances is hereby amended by adding
thereto a new Division 2,"Abatement and Removal of Junked Vehicles",which shall
read as follows to-wit:
DIVISION 2.ABATEMENTAND REMOVAL OF JUNKED VEHICLES.
Section 18-137.Definitions.
Whenever the following terms are used in this division,they shall have
the meanings respectively ascribed to them in this section:
(a)Junked vehicle.Any motor vehicle as defined in Section 1 of
Article 827a,Vernon's Texas Penal Code,as amended,which is in
operative and which does not have lawfully affixed thereto both an
unexpired license plate and a valid motor vehicle safety inspection
certificate and which is wrecked,dismantled,partially dismantled,
or discarded.
(b)Demolisher.Any person whose business is to convert a motor
vehicle into processed scrap or scrap metal,or otherwise to wreck
or dismantle vehicles.
(c)Motor Vehicle.Any motor vehicle subject to registration
pursuant to the Texas Certificate of Title Act.
(d)Person.Any individual,firm,partnership,association,cor
poration,company or organization of any kind.
(e)Antique Auto.A passenger caror truck that was manufactured in
1925 or before,or which has become 35 or more years old.
(f)Special Interest Vehicle.A motor vehicle of any age which has
not been altered or modified from original manufacturer's specifications
and,because of its historic interest,is being preserved by hobbyists.
(g)Collector.The owner of one or more antique or special in
terest vehicles who collects,purchases,acquires,trades,or disposes
of special interest or antique vehicles or parts thereof for his own
use in order to restore,preserve,and maintain an antique or special
interest vehicle for historic interest.
Section 18-138.Junked vehicles located or present within the city
deemed public nuisances and may be abatedor removed.
Junked vehicles which are located in any place where they are visible
from a public place orpublic rightof 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 nuisancecreating a hazard to the healthand safety of minors,
and are detrimental to the economic welfare of the State,by producing
urban blight which is adverse to the maintenance and continuing develop
ment of the municipalities in the State of Texas,and such vehicles are
therefore,declared to be a public nuisance.
Section 18-139.Exceptions.
This division shall notapply to:
(a)A vehicle or part thereof which is completely enclosed within
a building in a lawful manner where it is not visible from the street
or other public or private property;
(b)A vehicle orpart thereof 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;
(c)An unlicensed operable or inoperable antique or special interest
vehicle stored by a collector on his property,provided that the vehicle
andthe outdoorstorage area 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,rapidlygrowing trees,shrubbery,or other appropriate
means.
Section 18-140.Chief ofPolice to administer provisions -right of entry.
The Chief of Police of the City of Baytown is hereby designated as the
administrator of the provisions of this division;except that the removal
of vehicles or parts thereof from property,publicor private,may be by
any other person authorized to do soby the Chief of Police.
The Police Department or appointee of the Chief of Police,may enter
upon private property for the purposes specified in this division to ex
amine vehicles or parts thereof,to obtain information as to identifica
tion of vehicles,and to remove or cause the removal of a vehicle or
parts thereof declared to be a nuisance pursuant to this division.
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Section 18-141.Notice to abate -contents,service,hearing,disposal,
reconstruction.
(a)Whenever any such public nuisance exists in the City,the Police De
partment shall send written notice,by certified orregistered mail with
a five (5)day return receipt requested,to the owner or occupant of the
private premises,public premisesor the premises adjacent to the public
right ofway whereupon such public nuisance exists,stating the nature of
the public nuisance;stating that the public nuisance must be removed or
abated within ten (10)days;and stating that a request for a public hearing
as provided for in subsection (b)hereof must be made before expiration of
said ten (10)days period if a hearing is desired.
If a notice is returned undelivered by the United States Post Office,
official action by the City of Baytown to abatesaid nuisance shall be con
tinued to a date not less than ten (10)days from the date ofsuch return.
(b)Prior to the removal of the vehicle or part thereof as to a public
nuisance,a public hearing may be held before the Municipal Court of the
City of Baytown,if such hearing is requested by the owner or occupant of
the private premises,public premises or the premises adjacent to the public
right of way on which said vehicle is located,within ten (10)days after
service of notice to abate the nuisance.
(c)After the hearing,the Municipal Court of the City of Baytown may order
the vehicle or part thereof removed.Any such order shall include a des
cription of the vehicle and the correct identification number and license
numberof the vehicle,if available at the site.
(d)If no request for hearing as provided for in Section 18-141(b)hereof
is made by the owner or occupant of the private premises,public premises
or the premises adjacent to the public right of way whereupon a public
nuisance exists,or if said owner or occupant of the premises whereupon
a public nuisance exists shall fail,refuseor neglect to comply with the
order of thecourt,the Chief of Police shall cause said public nuisance
to be abated and removed.
(e)Upon removal from private premises,public premises,or the premises
adjacent to the public right of way,junked vehicles or parts thereof may
be disposed of by removal to a scrapyard,demolisher,or any suitable site
for processing as scrap or salvage.
(f)Any vehicle which has been removed under the provisions of this division
shall not be reconstructed or made operable.
(g)The City of Baytown may operate a disposal site when the City Council
determines that commercial channels for disposition are not available or
are inadequate,and it may make final disposition of such vehicle or parts
thereof to such disposal site.
Section 18-142.Notice to Texas Highway Department.
ThePolice Department of the City of Baytown shall give notice to the
Texas Highway Departmentwithin five (5)days of the date of removal,
identifying the vehicle orpart thereof removed under the terms of this
division.
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Section 18-143.Penalty for failure to abate or allow abatement of
nuisance.
Any owner or occupant of a private premises,public premises or the
premises adjacent to the public right of way in the City of Baytown on
which there exists a public nuisance as herein set out and who shall
fail,refuse or neglect to remove or abate such nuisance or refuse
notice as herein set out,or refuse to abide by any order requiring the
removal of said vehicle orpart thereof shall be deemedquilty of a
misdemeanor and upon conviction thereof,shall be fined in any sumnot
more than Two Hundred Dollars ($200.00)and each day such violation
continues to exist,shall constitute a separate offense.
Section 3:Repealing Clause:All ordinances or parts of ordinances
inconsistentwith the terms of this ordinance are hereby repealed;provided,
however,that such repealshall be only to the extent of such inconsistency
and in all other respects this ordinance shall be cumulativeof other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4:Savings Clause:If any provision,section,exception,
subsection,paragraph,sentence,clause or phrase of this ordinance or the
application of same to any person or set of circumstances,shall for any reason
be held unconstitutional,void or invalid,such invalidity shall not affect
the validity of the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and to this end all provisions of
this ordinance are declared to be severable.
Section 5:Effective Date:This ordinance shall take effect from
and after ten (10)days from its passage by the City Council.The City Clerk
is herebydirected to give notice hereof by causing the caption of this ordinance
to be published in the official newspaper of the City of Baytown at least
twice within ten days after the passage of this ordinance.
INTRODUCED,READ and PASSED bythe affirmative vote of the City Council
of the City of Baytown,Texas,this 11th day of October 1973.
TOM GENTRY,Mayor
EDNA OLIVER,City Clerk
APPROVED:
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