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87-010 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING ARTICLE II CHAPTER 16 OF SAID CODE p 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