Ordinance No. 9,319Published in the Baytown
Sun on February 20 and
ORDINANCE NO. 9319 February 21, 2002
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 34
"ENVIRONMENT," ARTICLE III "JUNKED, WRECKED, ABANDONED PROPERTY,"
DIVISION 2 "VEHICLES," SECTION 34 -91 "DEFINITIONS," SUBSECTION (5); SECTION
34 -94 "EXCEPTIONS," SUBSECTION (2), AND SECTION 34 -95 "NOTICE TO ABATE;
HEARING; DISPOSAL," SUBSECTION (A), SUBSECTION (A)(2), AND SUBSECTION (C)
OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO CONFORM WITH RECENT
CHANGES IN STATE LAW, INCLUDING THE DEFINITIONS OF JUNK VEHICLE,
ABANDONED VEHICLE, AND NOTICE REQUIREMENTS; PRESCRIBING A MINIMUM
PENALTY OF ONE HUNDRED AND NO 1100 DOLLARS ($100.00) AND A MAXIMUM
PENALTY OF TWO HUNDRED AND NO 1100 DOLLARS ($200.00); AMENDING
CHAPTER 26 "COMMUNITY DEVELOPMENT," DIVISION 4 "SPACE, OCCUPANCY,
STRUCTURAL, MECHANICAL AND FIRE PROTECTION' REQUIREMENTS," BY
DELETING IN ITS ENTIRETY SECTION 26 -144 "VEHICLE STORAGE ON PRIVATE
PROPERTY" FROM 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 34 "Environment," Article III "Junked, Wrecked,
Abandoned Property," Division 2, "Vehicles," Section 34 -91 "Definitions," subsection 5 of the
Code of Ordinances, Baytown, Texas, is hereby amended in part to read as follows:
CHAPTER 34. ENVIRONMENT
Article III. Junked, Wrecked, Abandoned Property
Division 2. Vehicles
See. 34-91. Definitions.
Abandoned motor vehicle means any motor vehicle that:
(5) Has been left unattended for more than 24 hours on the right -of -way of a turnpike
project constructed and maintained by the Texas Turnpike Authority or a
controlled access highway.
Antique vehicle means a passenger car or truck that is at least 25 or more years old.
® Inoperative means a motor vehicle that is either mechanically incapable of being driven
or that, due to mechanical defects, cannot be lawfully operated on public roads. At a
hearing, a junked motor vehicle is presumed, unless demonstrated otherwise by the
owner, to be inoperable.
Junked vehicle means any motor vehicle, as defined in V.T.C.A., Transportation Code §
683.071 that 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; and
(2) is:
a. wrecked, dismantled or partially dismantled, or`discarded; or
b. inoperable and has remained inoperable for more than:
i. 72 consecutive hours, if the vehicle is on public property; or
ii. 30 consecutive days, if the vehicle is on private property.
Section 2. That Chapter 34 "Environment," Article lII "Junked, Wrecked, Abandoned
Property," Section 34 -94 "Exceptions," subsection 2 of the Code of Ordinances, Baytown, Texas,
is hereby amended to read as follows:
CHAPTER 34. ENVIRONMENT
Article III. Junked, Wrecked, Abandoned Property
Division 2. Vehicles
Section 34 -94. Exceptions.
This article shall not apply to:
(2) A vehicle 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 that is an
antique or special interest vehicle stored by a motor vehicle collector on the
collector's property, provided 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; or
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Section 3. That Chapter 34 "Environment" Article III "Junked, Wrecked, Abandoned
Property," Section 34 -95 "Notice to abate; hearing; disposal," subsection (a), subsection (a)(2)
and subsection (c) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 34. ENVIRONMENT
Article III. Junked, Wrecked, Abandoned Property
Division 2. Vehicles
Sec. 34 -95. Notice to abate; hearing; disposal.
(a) Whenever any public nuisance exists in the city, as described in this article, a
person authorized in section 34 -92 to administer and enforce this -article shall send
written notice by certified mail, with a five -day return receipt requested, to the owner or
occupant of the private premises or the private premises adjacent to the public right -of-
way upon which such public nuisance exists. Such notice shall state the following:
(2) The nuisance must be removed or abated within ten days after the date on
which the notice was mailed; and
(c) If the postal address of the last known registered owner of the junked vehicle is
unknown, notice to the last known registered owner shall be placed on the motor vehicle,
or if the owner is located, hand delivered.
Section 4: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not less than ONE
HUNDRED AND NO /100 DOLLARS ($100.00) and no more than TWO HUNDRED AND
NO /100 ($200.00). Each act of violation and each day upon which any violation shall occur
shall constitute a separate offense. In addition to the penalty prescribed above, the city may
pursue other remedies such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 5: That Chapter 26 "Community Development," Division 4 "Space,
Occupancy, Structural, Mechanical and Fire Protection Requirements," is hereby amended by
deleting in its entirety Section 26 -144 "Vehicle storage on private property," from the Code of
Ordinances, City of Baytown, Texas.
Section 6: 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.
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® Section 7: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the 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 8: 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 14th day of February, 2002.
ATTEST:
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G W. ,'MITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, W, City Attorney
PETE C. ALFARO, Mayor
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