2243 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING ARTICLE II CHAPTER 16 OF SAID CODEORDINANCE NO. 2243 ,
AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS,
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS,
PARIS, TEXAS, BE AMENDED BY REVISING ARTICLE II, CHAPTER
16, OF SAID CODE; ESTABLISHING PROCEDURES FOR THE
ABATEMENT AND REMOVAL OF JUNKED MOTOR VEHICLES, OR
PARTS THEREOF, AS PUBLIC NUISANCES, FROM PRNATE PRO-
PERTY OR PUBLIC PROPERTY, AS AUTHORIZED BY ARTICLE
6687-9 OF VERNON'S ANNOTATED TEXAS STATUTES; PROVID-
ING FOR A PENALTY NOT TO EXCEED $200. 00; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE-
WITH; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER l,
1975.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS:
Section l. That Article
Ordinances of the City of Paris,
such shall read as follows:
II of Chapter 16 of the Code of
Paris, Texas, be amended so that
"Article II. Junked Vehicles
Sec. 16 -16. Definitions
For the purposes of this article, the following terms
shall have the meanings herein ascribed to them:
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 both an unexpired license plate or
plates and a valid motor vehicle safety inspection certi -
ficate and which is wrecked, dismantled, partially dis -
mantled or discarded. The provisions hereof shall not
apply to vehicles in operable condition specially adapted
or constructed for racing or operation on privately -owned
drag strips or raceways, vehicles retained by the owner
for antique collection purposes rather than for salvage or
for transportation, nor vehicles 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 of the United States.
Person. Any individual, firm, partnership, associa-
tion, corporation, company or organization of any kind.
Demolisher. Any person whose business is to con-
vert a motor vehicle into processed scrap or scrap
metal, or otherwise to wreck or dismantle motor ve-
hicles.
hearing hereinabove provided for shall be conducted
by the Chief of Police, who is hereby designated by
the City Council to conduct such hearing. Any reso-
lution or order requiring the removal of a vehicle
or part hereof shall include a description of the
vehicle and the correct identification number and
license number of the vehicle, if available at the
site. If said owner or occupant fails to comply with
said resolution or order, he shall be subject to pro-
secution for a Class "C" Misdemeanor.
Sec. 16-19. Removal with permission of owner or
occupant.
If, within ten (10) days after receipt of notice
from the Chief of Police, or his duly authorized
agent, to abate the nuisance, as herein provided,
the owner or occupant of the premises shall give
his written permission to the Chief of Police, or his
duly authorized agent, for removal of the junked
motor vehicle from the premises, the giving of such
permission shall be considered compliance with the
provisions of this article.
Sec. 16-20. 1?isposal 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 pro-
cessing as scrap or salvage, which removal or
process shall be consistent with Section 16-20(b)
hereof. A junked vehicle disposed of to a demo-
lisher, in accordance with this a r t i c 1 e, must be
transferred to such demolisher by a form acceptable
to the Texas Highway Department (Form #MVD 71-5).
The transfer receipt must be listed on the demo-
lisher`s inventory list and surrendered to the Texas
Highway Department in lieu of the certificate of
title under the provision of Article 6687-2,
Vernon's Annotated Texas Statutes.
(b) After a vehicle has been removed pursuant
to this article, it shall not be reconstructed or
made operable by any person.
(c) Notice shall be given to the Texas Highway
Department within five (5) days after the date of
removal by identifying the vehicle or part thereof.
Sec. 16-21. Authority to enforce.
The Chief of Police, or his agent, may enter upon
private property for the purposes specified in this
a r t i c 1 e to examine vehicles or parts thereof, obtain
information as to the identify of vehicles and to remove
or cause the removal of a vehicle or parts thereof de -
clared to be a nuisance pursuant to this a r t i, c 1 e.
The Municipal Court of the City of Paris shall have au-
thority to issue all orders necessary to enforce the pro-
visions of this article.
Sec. 16 -22. Application.
Nothing in this Article shall affect ordinances that
permit immediate removal of a vehicle left on public
property which constitutes an obstruction to traffic. "
Section 2. Any person violating any of the provisions of
this ordinance shall be guilty of a Class "C" Misdemeanor, and
upon conviction shall be fined in any sum not to exceed $200. 00.
Section 3. All ordinances or parts of ordinances in conflict
herewith are hereby expressly repealed.
Section 4. This ordinance shall become effective on
October 1, 1975.
Passed and adopted this 8th day of September, 1975.
i mes M, run e, Mayor
ATTEST:,
;
H. C. Gree e, City Clerk
APPROVED TO FORM:
~
T. K. Haynes, City ttorney
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 vehicles on any lot, tract, parcel of land or
portion thereof, occupied or unoccupied, improved or
unimproved, within the City of Paris shall be deemed
a public nuisance and it shall be unlawful for any
person or persons to cause or maintain such public
nuisance by wrecking, dismantling, rendering inoper-
able, abandoning or discarding his or their vehicle or
vehicles on the property of another or to suffer, per -
mit or allow the same to be placed, located, main-
tained or exist upon his or their own real property;
provided thatthis section shall not apply to (1) a ve-
hicle 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 (2) a vehicle or part thereof which is
stored or parked in a lawful manner on private pro-
perty in connection with the business of a licensed
vehicle dealer or a junkyard.
Sec. 16-18. Abatement or removal order,
contents, service.
(a) Whenever any such public nuisance exists in
the City in violation hereof, the Chief of Police, or
his duly authorized agent who shall administer this
a r t i c 1 e, shall send written notice, by certified or
registered mail with a 5-day return requested, to the
owner of the real property or the occupant, if any,
of the premises whereon such public nuisance exists
to abate or remove the same. Said notice shall
specify 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 Section 16-18(b) hereof must
be made before expiration of said ten (10) day period.
If the notice is returned undelivered by the United
States Post Office, 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 re-
turn.
(b) A public hearing prior to the removal of the
vehicle or part hereof as a public nuisance shall be
held before the governing body of the City or any
other board, commission or official of the City, as
designated by the governing body, when such hearing
is requested by the owner or occupant of the pre-
mises on which said vehicle is located within ten (10)
days after the delivery date of the certified mail
receipt of the notice to abate the nuisance. The