1991D19- REVISING CHAPTER 10, ARTICLE III
ORDINANCE NO
71 ~(J~'_LL
AN ORDINANCE
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF
SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER
10, ARTICLE III, "ABANDONED, JUNKED PROPERTY
AND PROPERTY FOUND IN VIOLATION OF ORDINANCE",
DIVISION 1 "GENERALLY" AND DIVISION 2 "MOTOR
VEHICLES" OF SAID CODE AND REPEALING DIVISION
2, SECTIONS 10-51 THROUGH 10-60 AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
I
THAT Article III, Division 1, Section 10-34 be amended
to read as follows:
"Sec.
10-34.
Declaration of nuisance; duty of police to
impound.
Subject to the prov1sions of Division 2 of this Article with
with respect to motor vehicles, any property or obstruction
placed, left standing, erected or lying in violation of any
ordinance of the City, or left unattended for more than
forty-eight (48) continuous hours in or on any public street,
alley, sidewalk, park or other public place of the city 1S
declared to be a nuisance; and any such property, when so
found, shall be removed summarily by any police officer of
the city and taken to the police pound and shall be kept
there until redeemed or sold as provided in this division.
Cross references - provisions of traffic ordinance relative
to impoundment of illegally parked vehicles, s 18-96;
prOV1S1ons relating to motor vehicles constituting a
nuisance, ss 10-51 - 10-57."
II
THAT Article III, Division 2, Sections 10-51 through
10-60 of the Code of Ordinances, City of Schertz, Texas, be
repealed and that Article III, Division 2, Sections la-51,
10-52, 10-53, 10-54, 10-55, 10-56, la-57, 10-58 be adopted to
read as follows:
"Sec.
10-51.
Definitions
(1) Abandoned Motor Vehicle: A motor vehicle that is
inoperable and more than five years old and 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 the
person in control of the property for more than 48 hours, or
a motor vehicle left unattended on the right-of-way of any
designated county, state, or federal highway within this
state for more than 48 hours or for more than 12 hours on any
turnpike project constructed and maintained by the Texas
Turnpike Authority.
(2) Antique Auto:
manufactured in 1925
that are at least 35
Passenger
or before,
years old.
cars or trucks that were
or passenger cars or trucks
(3) Collector: The owner of one or more antique or special
interest vehicles who collects, purchases, acquires, trades,
or disposes of antique or special interest vehicles or parts
of them for personal use in order to restore, preserve, and
maintain an antique or special interest vehicle for historic
interest.
(4) Junked Vehicle: A motor vehicle as defined below
lS inoperative and does not have lawfully affixed
either an unexpired license plate or a valid motor
safety inspection certificate and that is either
dismantled, partially dismantled, or discarded,
remalns inoperable for a continuous period of more
days.
which
to it
vehicle
wrecked,
or that
than 45
(5) Motor Vehicle: Any motor vehicle subject to registration
under the Certificate of Title Act (Art. 6687-1, Texas
Revised Civil statutes, dS amended), including a motorboat,
outboard motor, or vessel subject to registration under
chapter 31, Texas Parks and Wildlife Code.
(6) Police Department: the police department of the City of
Schertz, or the Chief of police or any police officer
employed by the police department of the City of Schertz.
(7) Speclal Interest Vehicle:
which has not been altered
manufacturer's specifications
interest, is being preserved by
A motor vehicle of
or modified from
and, because of its
hobbyists.
any age
original
historic
Sec.
10-52. Authority to Take Possession of Abandoned Motor
Vehicles
Abandoned motor vehicles can be removed from private
property, public premises, or public right-of-way with proper
-2-
notification of owner and lienholders in the manner provided
for In conformance with procedures approved by the City
Manager from time to time and in the Litter Abatement Act
(Art. 4477-9A, ss 5.02-5.06 of the Texas Revised Civil
statues, as Amended).
Sec. 10-53. Declaration of Junked Vehicles as Public Nuisance
Junked vehicles, or parts thereof, that are located In a
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,
invite vandalism, create fire hazard, constitute an
attractive nUlsance creating a hazard to the health and
safety of minors, and are detrimental to the economic welfare
of the City of Schertz by producing urban blight adverse to
the maintenance and continuing development of the City of
Schertz, and as such are declared to be a public nuisance.
Sec.
10-54.
Authority to Enforce
The provisions of this Division shall be administered by the
City Manager or designated representative of the City of
Schertz. A person authorized by the City of Schertz to
administer the procedures adopted by the City of Schertz may
enter private property for the purposes specified herein to
examlne the vehicle or vehicle parts, obtain information as
to the identity of the vehicle, and remove or cause the
removal of the vehicle or vehicle parts that constitutes a
nuisance. An appropriate court located in the City of
Schertz may issue orders necessary to enforce these
procedures.
Sec. 10-55. Procedures for Abatement and Removal of Junked
Vehicles Declared a Public Nuisance; Exceptions
(a) Junked vehicles, or parts thereof, are subject to being
abated or removed in conformance with procedures approved by
the City Manager from time to time and in conformance with
the requirements of the Litter Abatement Act (Art. 4477-9a,
ss 5.09 of the Texas Revised Civil Statutes, as amended).
These procedures shall include the requirements for proper
notice informing the owner of such junked vehicle of the
right to request a hearing within a certain time limit and
procedures for removal and disposal of junked vehicles. Any
person may request and receive a copy of these procedures
from the City of Schertz, provided that the person requesting
a copy of the procedures pays a reasonable fee for the
copying cost.
-3-
(b) These procedures shall not apply to:
(1) a vehicle or vehicle part that 1S
completely enclosed within a building 1n
a lawful manner where it is not visible
from the street or other public or
private property;
(2) a vehicle or vehicle part that 1S
stored or parked in a lawful manner on
private property in connection with the
business of a licensed vehicle dealer or
junk yard.
(3) an unlicensed, operable or
inoperable antique or special interest
vehicle stored by a collector on a
collector's property, if the vehicle and
the outdoor storage area are maintained
1n a manner so 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,
including a clean serviceable fitted car
cover constructed of durable opaque
material. The cover shall be maintained
in good repair for the length of time it
1S used for this purpose. The cover
shall not be constructed from such
things as parachutes, used paint tarps
and similar type tarps. Any variations
from this section must have the approval
of the City Council.
Sec.
10-56.
Disposal of Junked Vehicles
Junked vehicles or parts thereof may be disposed of by
City Manager or a designated representative of the City
Schertz by removal to a scrap yard, demolisher, or
suitable site to be processed as scrap or salvage 1n
manner provided under the Litter Abatement Act
4477-9A, ss 5.09(d) and ss 5.10 of the Texas Revised
Statutes, as amended.
the
of
any
the
(Art.
ci vil
Sec.
10-57.
Conflict of Law
The authority to take possession of abandoned or junked motor
vehicles and procedures therefor, as adopted by the City of
Schertz, are to be construed in a manner consistent with the
law of the State of Texas. If the provisions or procedures
adopted by the City of Schertz should conflict with the law
of the State of Texas at any time, Texas state law shall
prevail.
-4-
Sec. 10-58 -- 10-69. Reserved"
APPROVED on first reading the -2-
PASSED, APPROVED AND ADOPTED this
19 0fL.
day of
the4
11
D su......
day of
, 19 crl.
J0 Q.e.... ,
ATTEST:
Sccrefary, City of Schertz
(SEAL OF CITY)
-5-