87-010 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING ARTICLE II CHAPTER 16 OF SAID CODE
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ORDINANCE N0. 87_01
AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS,
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE
AMENDED BY REVISING ARTICLF TI, CHAPTER 16 OF SAID CODE;
PROVIDING FOR THE UPDATING OF DEFINITIONS AND REGULATIONS OF
j'UNKED VEHICLES TO CONFORr? TO THE REQUIREMENTS OF STATE LAW;
PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEAL.ING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE OF MARCH 1, 1987.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS:
Section 1. That Section 16-16 of the Code of
Ordinances of the City of Paris, Paris, Texas, be amended so
that such shall read as fol.lows:
"Sec. 16-16. Definitions.
For the purposes of this article, the follow-
ing terms shall have the meanings herein ascribed
to them:
Antique auto. A passenger car or truck that
was manufactured in 1925 or before or a passenger
car or truck that is at least 35 years old.
Collector. The owner of one or more antique
or special interest vehicles who collects,
purchases, acquires, trades, or disposes of
special interest or antique vehicles or parts of
them for persanal use in order to restore,
preserve, and maintain an antique or special
interest vehicle for historic interest.
Demolisher. Any person whose business is to
convert a motor vehicle into processed scrap or
scrap metal or to otherwise wreck or dismantle a
motor vehicle.
Garagekeeper. An owner or operator of a
parking place or establishment, motor vehicle
storage facility, or establishment for the
servicing, repair, or maintenance of a motor
vehicle.
Junked vehicle. Any motor vehicle as defined
in Section 1 of Article 6701d-11, Vernon's
Annotated Texas Statutes, which is inoperative and
which doES not have lawfully affixed thereto
either an unexpired licPnse plate or a valid motor
vehicle safety inspection certificate, which is
wrecked, dismantled, partially dismantled or
discarded, or that remains inoperable for a
continuous period of more than 45 days.
Motor vehicle. A motor vehicle subject to
registration un.der the Certificate of Title Act
(Article 6687-1, Vernon's Texas Civil Statutes.
Person. Any individual, firm, partnership,
association, corporation, company or organization
of any kind.
Storage facility. A garage, parking lot, or
any type of facility or establishment for the
servicing, repairing, storing, or parking of motor
vehicle.
Special interest vetiicle. A motor vehicle of
any age that has not been altered or modified from
original manufacturer's specifications and,
because of its historic interest, is being pre-
served by hobbyists."
Section 2. That Section 16-17 of the Code of
Ordinances of the City of Paris, Paris, Texas, be amended so
that such shall read as follows:
"Sec. 16-17. Location or presence of junked
vehicles within city deemed public nuisances;
exceptions.
The location or presence of any junked
vehiclE or junked vehicle on any lot, tract,
parcel of land or portion thereof, occupied or
unoccupied, improved or unimproved, private
property, public property, or public right-of-way
within the City of Paris is detrimental to the
safety and welfare of the general public, tends to
reduce the value of_ private property, invites
vandalism, creates fire hazards, constitutes an
attractive nuisance creating a hazard to the
health and safety of minors, and is detrimental to
the economic welfare of the state by producing
urban blight adverse to the maintenance and
continuing development of the city and is a public
nuisance. It shall be unlawful for any person or
persons to cause or maintain such public nuisance
by wrecking, dismar.tling, rendering inoperable,
abandoning or discarding his or their vehicle or
vehicles on the property of another or to suffer,
permit or allow the same to be place, located,
maintained or exist upon his or their own real
property; provided that this secticn shall not
apply to :
(1) a vehicle or part thereof which is
completel_y enclosed within a building in
a lawful manner where it is not visible
from the street or other public or
private property or
(2) a vehicle or part thereof which is
stored or parked in a lawful manner on
private propPrty in connection with the
business of a licensed vehicle dealer or
a junk yard or
(3) an inoperable antique or special inter-
est vehicle stored by a collector on the
collector's property, if the vehicle and
the outdoor storage area are maintained
in a manner so that they do not consti-
tute a health hazard and are screened
from ordinary public view by means of a
fence, rapidly growing trees, shrubbery,
or other appropriate means or
(4) a vehicle in operab?e condition
specially adapted or constructed for
racing or operation on privately-owned
drag strips or raceways or
(5) a vehicle stored as the property of a
member of the armed forces of the United
States who is on active duty assignment
outside the continental and territorial
limits o-It' the United States."
Section 3. That Section 16-18 (a) of the Code of
Ordinances of the City of Paris, Paris, Texas, be amended so
that such shall read as follows:
"5ec. 16-18. Abatement or removal order; con-
tents, service.
(a) Whenever any such public nuisance exists
in the city in violation hereof, the chief of
police, his duly authorized agent, any City of
Paris police officer or the Code Enforcement
Officer of the Ci_ty of Paris who shall administer
this article, shall send written notice, by
certified mail with a five-day return requested,
to the last known registered owner of the motor
vehicle and all 1-ien holders of record and to the
owner or occupant of the private, quasi public or
public premises or to the owner or occupant of the
premises adjacent to the public right-of-way on
which the public nuisance exists. Said notice
shall speci-fy the nature of the public nuisance;
specify that it must be removed and abated within
ten (10) days after the delivery date of the
certified mail receipt of such notice; and specify
that a request for a public hearing under para-
graph (b) hereof_ must be made before expiration of
said ten-day period. If the notice is return
undelivered by the LJnited States Post Of_fice,
official action by the City of Paris to abate said
nuisance shall be continued to a date not less
than ten (10) days from the date of such return.
(b) . . .if
Section 4. That SPCtion 16-20 of the Code of
Ordinarices of the City of Paris, Paris, Texas, be amended so
that such shall read as follows:
"Sec. 16-20. Disposal of junked vehicles.
(a) If such public nuisance is not abated by
said owner or occupant after notice is given in
accordance with this article, official action
shall be taken by the City of Paris to abate such
nuisance. Junked vehicles or parts thereof may be
disposed of by removal to a scrapyard, demolisher,
or any suitable site operated by the City of Paris
for processirig as scrap or salvage, which removal
or process shall be consistent with section 16-20
(b) hereof. A junked vehicle disposed of to a
demolisher, in accordance with this article, must
be transferred to such demolisher by a form
acceptable to the State Department of Highways and
Public Transportation. The transfer receipt must
be listed on the demolisher's inventory J_ist and
surrendered to the State Department of Highways
and Public Transportation in lieu of the certifi-
cate of title under the provisions of Article
6687-2, Vernon's Annotated Texas Statutes.
(b) After a vehicle has been removed pursu-
ant to this article, it shall not be reconstructed
or made operable by any person.
(c) Notice shall be given to the State
Department of. Highway and Public Transportation
within five (5) days after the date of removal by
identifying the vehicle or part thereof."
Section 5. That Section 16-21 of the Code of
Ordinances of the City of Paris, Paris, TeYas, be amended so
that such shall read as follows:
"Sec. 16-21. Authority to enforce.
The chief of police, his agent, any City of
Paris police officer or the Code Enforcement
Officer of the City of Paris, may enter upon
private property for the purposes specified in
this article to examinP vehicles or parts thereof,
obtain information as to the identity of vehicles
and to remove or cause the removal of a vehicle or
parts thereof declared to be a nuisance pursuant
to this article. The municipal court of the City
of Paris shall have authority to issue all orders
necessary to enforce the provisions of this
article."
Section 6. Any person violating any of the pro-
visions of this ordinance shall be guilty of a Class "C"
Mi_sdemeanor, and upon conviction shall be fined in any sum
not to exceed $200.00, and each and every day's continuance
of any violation of the above enumerated section sha.ll
constitute and be deemed a separate offense.
Section 7. All ordinances or parts of ordinances in
conflict herewith are hereby expressly repealed.
Section 8. This ordinance shall become effective on
March l, 1987.
Passed and adopted this 9th day of February, 1987.
494zl-wl .01 e294-`
Billy Burnett, Mayor
ATTFST:
Mattie unningham, i er
APPWAS ORM:
T. K. Haynes, CitS* Attorney