Section
131.01 Definitions
131.02 Junked, abandoned and/or legally unusable vehicles, boats and trailers declared a public nuisance
131.03 Offenses
131.04 Exceptions
131.05 Procedure for disposition of junked vehicles, boats and trailers
131.06 Disposal of junked, abandoned or legally unusable vehicles, boats or trailers
131.07 Enforcement
131.08 Liens
Statutory reference:
Authority of municipality to declare and abate public nuisance of abandoned motor vehicles, see Tex. Transportation Code §§ 683.017 et seq.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOAT. Every description of watercraft used or capable of being used as a means of transportation on water.
JUNKED BOAT. Any boat that is rusted, wrecked, partially dismantled, inoperable or abandoned, whether attended to or not.
JUNKED VEHICLE. A vehicle that is self-propelled and:
(1) Does not have lawfully attached to it:
(a) An unexpired license plate;
(b) A valid motor vehicle inspection certificate;
(c) A valid motor vehicle registration sticker.
(2) Is wrecked, dismantled or partially dismantled or discarded;
(3) Is inoperable and has remained inoperable for more than seventy-two consecutive hours, if the vehicle is on public property, or thirty consecutive days if the vehicle is on private property.
MOTOR VEHICLE. Any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act.
TRAILER. Any device which has no independent power mechanism of its own, but which can be attached to a vehicle.
(Ord. 2015-2, passed 5-21-2015)
A junked vehicle, boat, parts of such vehicles and/or boats, and trailers which are located in any place which is visible from a public place or public right of way is hereby determined to be detrimental to the safety and welfare of the general public, tends to reduce the value of private property, constitutes a nuisance, creates a hazard to the health and safety of citizens, and is detrimental the economic welfare of the city. Such vehicles, boats, parts of such vehicles and/or boats and trailers are hereby declared to be a public nuisance and, therefore, unlawful.
(Ord. 2015-2, passed 5-21-2015) Penalty, see § 10.99
(A) Should any person, firm or corporation maintaining a public nuisance described by § 91.36 after notice is provided, fail to repair or eliminate the conditions creating the nuisance or otherwise comply with this subchapter, said individual and/or entity shall be guilty of a misdemeanor. Upon conviction, said person, firm or corporation shall be fined a sum not to exceed $200. Each day a violation exists shall constitute a separate offense. Should the violator be a corporation, each officer of the corporation may be held severally liable for any offense provided herein.
(B) The Municipal Court of Tool, Texas shall issue any such orders as may be deemed necessary to abate and remove a nuisance upon conviction.
(Ord. 2015-2, passed 5-21-2015) Penalty, see § 10.99
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