2001-059-ORD AMENDING CHAPTER 19 OF CODE OF ORDINANCES BY AMENDING SECTION 19-16 OF ARTICLE II OF CHAPTER 19
ORDINANCE NO. 2001-059
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING CHAPTER 19 OF THE CODE OF
ORDINANCES OF THE CITY OF PARIS BY AMENDING SECTION 19-16
OF ARTICLE II OF CHAPTER 19, ENTITLED "JUNKED VEHICLES,"
REVISING CERTAIN DEFINITIONS THEREIN TO CONFORM WITH
STATE LAW; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council ofthe City of Paris, Paris, Texas, in conjunction with other
governmental entities, private groups, and private individuals, has supported and participated in a
community-wide beautification program intended to remove junk, litter, and other unsightly
materials, generally improve blighted areas ofthe City, protect and preserve the public health, safety,
and welfare, and generally improve the overall appearance ofthe community; and,
WHEREAS, in pursuit of such goals, the City Council desires to protect the public health
and safety while at the same time protecting the rights of individual property owners; and,
WHEREAS, pursuant to Subchapter E of Chapter 683 of the Transportation Code, on
November 13,2000, the City Council adopted Chapter 19, Article II, Sections 19-16 through 19-25,
entitled "Junked Vehicles; Public Nuisance; Abatement" regulating junked vehicles as public
nuisances; and,
WHEREAS, the Texas Legislature has made certain amendments to Subchapter E of
Chapter 683 concerning the definition of junked vehicles; and,
WHEREAS, the City Council desires that said Article II of Chapter 19 conform to state law;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That Article II of Chapter 19, Section 19-16 of the Code of Ordinances, City of
Paris, Paris, Texas, entitled "Junked Vehicles; Definitions," be, and the same is hereby, as of the
effective date of this ordinance, amended to read as follows:
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"ARTICLE II. JUNKED VEHICLES
"Sec. 19-16. Definitions.
"
"Antique Vehicle. A passenger car or truck that is at least 25 years old.
"
"Junked Vehicle. A vehicle that is self-propelled and:
"(a) does not have lawfully attached to it:
"(1) an unexpired license plate; or
"(2) a valid motor vehicle inspection certificate; and
" (b) IS
" (1) wrecked, dismantled or partially dismantled, or discarded; or
" (2) is inoperable and has remained inoperable for more than:
" (a) seventy-two (72) consecutive hours, if the vehicle is
on public property; or
" (b) thirty (30) consecutive days, if the vehicle is on
private property.
" "
Section 3. That it is hereby declared to be the intention of the City Council of the City of
Paris that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any ofthe remaining phrases, clauses, sentences, paragraphs, or
sections of this ordinance, and such remaining provisions shall remain in full force and effect.
Section 4. That Section 2 ofthis ordinance notwithstanding, the amendment of Article II of
Chapter 19, Section 19-16 ofthe Code of Ordinances ofthe City of Paris, Paris, Texas, shall not
affect any pending or subsequent prosecution or other litigation for violations of the provisions of
Chapter 19 repealed herein, when such violations occurred prior to the effective date of this
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ordinance, it being the intention of the City Council that the aforesaid repealed provisions be
continued in full force and effect to the extent necessary and as required by law, to effectuate the
prosecution of all such outstanding violations, or to effectuate the continuation of other litigation
related thereto, and for such purposes only.
Section 5. That all other ordinances or parts of ordinances in conflict herewith and not
expressly addressed herein are hereby repealed to the extent of such conflict only.
Section 6. That this ordinance shall become effective on October 1,2001.
PASSED AND ADOPTED this 10th day of September, 2001.
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ATTEST:
Mattie Cunningham, City Clerk
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