0204ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY OF SOUTHLAKE,
TEXAS TO REMOVE JUNKED VEHICLES: DEFINING JUNKED
VEHICLES: ESTABLISHING PROCEDURES FOR REMOVAL OF
JUNKED VEHICLES: ESTABLISHING EXCEPTIONS TO THIS
ORDINANCE: PROVIDING FOR DISPOSAL OF JUNKED
VEHICLES: PROVIDING FOR A PENALTY FOR VIOLATION:
A SEPARABILITY CLAUSE. AND PROVIDING FOR PUBLICATION
OF AN EFFECTIVE DATE.
WHEREAS, the City Council deems it necessary and proper and
in the best interest of the health, safety, morals and general
welfare of the City of Southlake, Texas that an ordinance be
enacted in con~2ction with Junked vehicles$ and,
WHEREAS. the Legislature of the State of Texas by Article
1~36-3, Penal Code of the State of Texas,has declared "Junked
Vehicles" to be a public nuisance;
NOW THEREFORE. be it ordained and enacted by the City Council
of the City of Southlake, Texas;
SECTION l- DEFINITIONS: -"JUNKED VEHICLES" means any motor
vehicle as the term "motor vehicle" is defined in Section 1 of
Article 827a. Penal Code of the State of Texas,as amended.which
is inoperative and which does not have lawfully affixed thereto
both an unexpired license plate or plates and a valid motor vehicle
safety inspection certificate and which is wrecked, dismanteled,
partially dismantled or discarded.
SECTION 2- PROHIBITED LOCATIONS OF JUNKED VEHICLES AND
DECLARATION AS NUISANCE .
Junked Veh'icles shall not be located in any place where they
are visible from a public place or right-of-way, and Junked
vehicles so located within the corporate limits of the City of
Southlake. Texas are hereby declared to be a public nuisance.
This ordinance shall not apply to 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 or to a motor vehicle or part thereof which is storee or
pa~ked in a lawful manner on private property in connection wt~h
the business of a licensed motor vehicle dealer or a Junk yar~
SECTION 3- PROCEDURES FOR ABATEMENT OF THE NUISANCE OF JUNKED
VEHICLES.
A. Fifteen (15) days notice by certified or registered United
States mail with a five day returq requested shall be given co the
owner or occupant of the premises whereupon said Junked vehicle
exists. Said notice shall state the nature of the public nuisance
and that it must be abated within the ~fifteen (lB) day notice perlod
and that a request for hearing must be made before ~he expirati~n:of~
said fifteen {15) day notice period. If the notice is returned~
undelivered by the United States Post Office, official action to
abate the nuisance shall be con~inued to a date not less than
fifteen (15) days from the date of such return, :
B. A public hearing prior to the removal of the Junked vehicle
or part thereof as a public nuisance, when requested by the owner
or occupant of the premises on which the vehicle or part thereof
is located, shall be held by the ~ity Council of Southlake, Texasq ~l
Said public hearing shall be'held withi.n tv(epty (20) days after
the request for hearing. In'the event the ~City Council of Southlake,
Texas orders the removal of a Junked vehicle or part thereof, said
order shall include a description of the vehicle and the correct
identification number and license humber of the vehicle, if available
at the site.
C. After e Junked vehicle or part thereof has been removed,
it shall not be reconstructed or made operable.
O. After removal of a Junked vehicle or part thereof,
the Police Department shall give notice to the Texas Highway
Department within five {5) days.
E. This ordinance shall be administered by regularly salaried,
full time city employees from the Police Department.
Removal of Junked vehicles or parts thereof from property shall be
by firms or persons as designated by the Police Department.
SECTION 4- Junked vehicles or parts thereof may be disposed
of ~y removal to a scrap yard, demolisher, or to any suitable site
determined by the City Council.
SECTION 5- Any person'authorized to administer this ordinance
may enter upon private property for the purposes specified in this
ordinance to examine vehicles or parts thereof to obtain information
as to the identity of vehicles or parts thereof and to remove or
cause ~emoval of a vehicle or parts thereof declared to be a nuisance
pursuant to this ordinance. The Mu~cipal Court of the City of
Southlake shall have authority to issue all orders necessary to
enforce this ordinance.
SECTION 6- PENALTY FOR VIOLATION- Any person violating any of
the provisions of this ordinance shall, upon conviction, be fined
in any sum of money not less than $1.00 nor more than $200.00.
Each day any such violation of this ordinance shall continue shall
constitute a separate offense.
SECTION 7-SAVINGS CLAUSE- If any section, paragraph, subdivision,
clause, phrase, or provision of this ordinance shall be adjudged
~nvalid or held unconstitutional, the same shall not affect the
validity of this ordinance as a whole or any part or provision
thereo~, other than the part so decided to be invalid or unconstitutional.
SECTION 8- The fact that the ordinances of the City of Southlake~
Texas do not at present provide for adequate regulation for SUCh matter
hereof and whereas the City Council feels the subject matter hereof
to be of vital importance to the health, safety, morals and general
welfare of the City of Southlake, Texas, this ordinance shall take
effect and be in full force and effect from and after one publication
oS a descriptive caption hereof in the official newspaper of the City,
and the City S~cretary il here~y directed tQ so publish the same.
PASSED AND ADOPTED this (Y~ O day of /~ ~, 1973.
Wade ~ooker ~ayor
ATTESt:
a,)ne Wallace, City Secret~ry
APPROV~D:r~ .~ ~ , ~ ~
William D. Campbell,~ity Attorney