Ordinance No. 7,044Published In: Baytown Sun 940728-3: -
Thursday, August 4, 1994
Friday, August 5, 1994 ORDINANCE NO. 7044
• AN ORDINANCE AMENDING CHAPTER 18 "MOTOR VEHICLES AND
TRAFFIC," ARTICLE IX "ABATEMENT AND REMOVAL OF JUNKED
VEHICLES," SECTION 18 -80(c) "DEFINITIONS "; AMENDING
SECTION 18 -81 "JUNKED VEHICLES LOCATED OR PRESENT WITHIN
THE CITY DEEMED PUBLIC NUISANCES AND MAY BE ABATED OR
REMOVED "; AMENDING SECTION 18 -82 "EXCEPTIONS "; AMENDING
SECTION 18 -86(a) "PENALTY FOR FAILURE TO ABATE OR ALLOW
ABATEMENT OF NUISANCE," OF THE CODE OF ORDINANCES, CITY
OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 18 "Motor Vehicles and Traffic,"
Article IX "Abatement and Removal of Junked Vehicles," Section
18 -80(c) "Definitions," of the Code of Ordinances, City of Baytown,
Texas, is hereby amended to read as follows:
ARTICLE IX. ABATEMENT AND REMOVAL OF JUNKED VEHICLES.
Sec. 18 -80. Definitions.
(c) Motor Vehicle: Any motor vehicle subject to registration
under the Texas Certificate of Title Act (V.C.S. art.
6687 et seq.), except that for purposes of this Title, a
motor vehicle shall include a part thereof, a motorboat,
outboard motor, or vessel subject to registration under
the Texas Parks and Wildlife Code.
Section 2: That Chapter 18 "Motor Vehicles and Traffic,"
Article IX "Abatement and Removal of Junked Vehicles," Section
18 -81 "Junked Vehicles Located or Present Within the City Deemed
Public Nuisances and May be Abated or Removed," of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
ARTICLE IX. ABATEMENT AND REMOVAL OF JUNKED VEHICLES.
Sec. 18 -81. Junked Vehicles Located or Present Within the
City Deemed Public Nuisances and May be Abated
or Removed.
Junked vehicles or parts of junked vehicles which
are located in any place where they are visible from a
public place or 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
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• welfare of the state, by producing urban blight which is
adverse to the maintenance and continuing development of
the municipalities in the State of Texas, and such
vehicles are therefore declared to be a public nuisance.
•
Section 3: That Chapter 18 "Motor Vehicles and Traffic,"
Article IX "Abatement and Removal of Junked Vehicles," Section
18 -82 "Exceptions," of the Code of Ordinances, City of Baytown,
Texas, is hereby amended to read as follows:
ARTICLE IX. ABATEMENT AND REMOVAL OF JUNKED VEHICLES.
Sec. 18 -82. Exceptions.
This article shall not apply to:
(a) A motor 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) An unlicensed operable or inoperable antique or special
interest vehicle stored by a collector on his property,
provided that the vehicle and the outdoor storage area
are maintained in such a 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.
(c) A motor vehicle or part thereof which is used as a sign
for which a sign permit has been issued by the City,
provided the motor vehicle is maintained in such a manner
that it does not constitute a health hazard.
Section 4: That Chapter 18 "Motor Vehicles and Traffic,"
Article IX "Abatement and Removal of Junked Vehicles," Section
18 -86(a) "Penalty for Failure to Abate or Allow Abatement of
Nuisance," of the Code of Ordinances, City of Baytown, Texas, is
hereby amended to read as follows:
ARTICLE IX. ABATEMENT AND REMOVAL OF JUNKED VEHICLES.
Sec. 18 -86. Penalty for Failure to Abate or Allow
Abatement of Nuisance.
(a) Whenever a junked
is a public nuisan
article, any owner
such nuisance is
premises adjacent
such nuisance if
neglect to remove
vehicle or a part of a junked vehicle
-.e as defined in section 18 -81 of this
or occupier of the premises upon which
located or owner or occupier of the
to the public right -of --way on which
located who shall fail, refuse or
)r abate such nuisance or refuse notice
Pa
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as herein set out, or refuse to abide by and order
Isrequiring the removal of said vehicle or part thereof,
commits an offense and upon conviction shall be subject
to a fine of not less than One Hundred Dollars ($100.00)
nor more than Two Hundred Dollars ($200.00) and each day
such violation continues to exist shall constitute a
separate offense.
Section 5: 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 6: If any provisions, 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 7: This ordinance shall take effect from and after ten
(10) days from its passage by the City Council. The City Clerk is
hereby directed 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 (10) days after passage
of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 28th day of July,
1994.
PETE C. AL 0, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
A , SR., Uity Xttorney
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