Section
71.01 Definitions
71.02 Parking, stopping or standing
71.03 Junked vehicles as public nuisances
71.04 Notice to owner and lien holders
71.05 Junked vehicle abatement
71.06 Public hearing
71.07 Exceptions
71.08 Administration
71.09 Authority to enter upon private property
71.10 Parking of trucks, tractors, commercial vehicles and the like
71.11 Time limit for parking non-motorized recreational vehicles, boat trailers, stock trailers and other non-motorized vehicles
71.12 Parking of abandoned motor vehicles for more than 48 hours prohibited
71.13 Parking in residential and agricultural districts
71.14 Responsibility of vehicle owner for violation of chapter
71.15 Parking not to obstruct traffic
71.16 Parking in alleys
71.17 Parking on streets under repair
71.18 Parking for certain purposes prohibited
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. A motor vehicle that is inoperable and over five years old, and is left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than 48 hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours; or a motor vehicle left unattended on the rights-of-way of any designated county, state or federal highway within the city in excess of 48 hours.
ALLEY. An access right-of-way with a width of 20 feet or less that is not used primarily for through traffic, and provides access to rear entrances of buildings or lots along a street.
CITY. The City of Heath, Texas.
COMMERCIAL MOTOR VEHICLE. Any motor vehicle designed or used for the transportation of property, not including passenger automobile, motorcycle, pick-up truck or vehicle used in the delivery of the United States mail.
JUNKED VEHICLES. Any self-propelled motor vehicle that is inoperative and that does not have lawfully affixed to it either an unexpired license plate or plates or a valid motor vehicle safety inspection certificate, and which is wrecked; dismantled; partially dismantled, or discarded, or that remains inoperable for a continuous period of more than:
(1) Seventy-two consecutive hours, if the vehicle is on public property; or
(2) Thirty consecutive days, if the vehicle is on private property.
MOTOR VEHICLE. A motor vehicle subject to registration under the Certificate of Title Act (Tex. Trans. Code, Ch. 501), except that for purposes of this chapter, MOTOR VEHICLE includes a motorboat, outboard motor or vessel subject to registration under Texas Parks and Wildlife Code, Ch. 31.
PARK or PARKING. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading and unloading merchandise or passengers.
POLICE OFFICER. A duly certified peace officer acting for or on behalf of the City of Heath, whether the peace officer is an employee of the city or is operating within the city pursuant to a contract.
RECREATIONAL VEHICLE (RV). A portable vehicular structure primarily designed for temporary or short-term occupancy for travel, recreational camping, or vacationing that either has its own motorized power or is mounted on or towed by another vehicle. Recreational vehicles are not authorized as a dwelling unit within the City of Heath.
RESIDENTIAL ZONE, USES, OR LOT. A lot or parcel zoned for single-family detached residential uses as established by Ch. 159 of this code, or on Agricultural (A) zoned lots or parcels less than one acre of land area that contains the main dwelling unit.
SIDEWALK. The portion of a street between the curb lines, or lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
STAND or STANDING. The halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving and discharging passengers.
STOP or STOPPING. When prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
STREET. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the public for purposes of vehicular travel, and includes highways, alleys, boulevards, avenues and other public rights-of-way.
UTILITY TRAILER. A towed vehicle that is designed, converted, altered or otherwise configured to allow for multi-purpose usage, including the hauling and storage of goods, materials, products, trash, garbage and the like.
(2005 Code, § 8-3-1) (Ord. 911121A, passed - -; Ord. 941006B, passed - -; Ord. 200728A, passed 7-28-2020; Ord. 210727A, passed 7-27-2021)
Whenever the City Director of Public Safety, his or her deputy, or any city police officer finds a vehicle parked, stopped or standing in violation of any provision of any ordinance of the city, that officer is hereby authorized to move the vehicle, or require the driver or other person in charge of the vehicle to move the same. The City Director of Public Safety, his or her deputy, or any city police officer is hereby authorized to remove the vehicle to the nearest garage or other place of safety under the circumstances hereinafter enumerated:
(A) When any vehicle is left unattended and where the vehicle constitutes an obstruction to traffic;
(B) When any vehicle is illegally parked so as to block the entrance to any private driveway and it is impracticable to move the vehicle from in front of the driveway to another point on the street or right-of-way;
(C) When any vehicle is found on a street and report has previously been made that the vehicle has been stolen or complaint has been filed and a warrant thereon issued charging that the vehicle has been embezzled;
(D) When the Director of Public Safety, his or her deputy or any such officer has reasonable grounds to believe that any vehicle has been abandoned;
(E) When a vehicle upon a street is so disabled that its normal operation is impossible or impractical and the person in charge of the vehicle is incapacitated by reason of physical injury or other reason to such extent as to be unable to provide for its removal or custody, or is not in the immediate vicinity of the disabled vehicle;
(F) When the Director of Public Safety, his or her deputy, or city police officer arrests any person driving or in control of a vehicle for an alleged offense and the Director of Public Safety, his or her deputy or police officer is by city chapter or other law required to take the person arrested immediately before a magistrate; and/or
(G) When, in the opinion of the Director of Public Safety, his or her deputy or city police officer, the vehicle constitutes a hazard, or interferes with a normal function of a governmental agency, or by reason of any catastrophe, emergency or unusual circumstance the safety of the vehicle is imperiled.
(2005 Code, § 8-3-2) (Ord. 200728A, passed 7-28-2020)
(A) Junked vehicles which are located in any place where they are visible from a public place or public right-of-way are detrimental to the safety and welfare of the general public, tend 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 public nuisances.
(B) The Department of Public Safety is hereby authorized to abate and remove the junked vehicles or parts thereof, as public nuisances, from private property, public property or public right-of-way upon the terms and conditions of this chapter.
(2005 Code, § 8-3-3) (Ord. 200728A, passed 7-28-2020)
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