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1868 ORD PROVIDING DEFINITIONSORDINANCE NO, 1868 , AN ORDINANCE PROVIDING DEFINITIONS; DECLARING THE PRE- SENCE OF ANY JUNKED MOTOR VEHICLE WITHIN THE CITY OF PARIS SHALL BE DEEMED A PUBLIC NUISANCE, WITH CERTAIN EXCEPTIQNS; PROVIDING FOR NOTICE TO THE OWNER OR.OCCUPANT.TO ABATE PUB- LIC NUTSANCE ON OCCUPIED PREMISES; PROVIDING FOR NOTICE TO OWNER TO ABATE PUBLIC NUISANCE ON UNOCCUPIED PREMISES; PRO«• VIDING FOR PRELIMINARIES TO TRIAL IN CORPORATION COURT; FRO•• VIDING FOR TRIAL IN CORPORATION COURT; PROVIDING FOR REMOVAL TnTITH PERMISSION OF OWNER OR OCCUPANT; PROVIDING FOR REMOVAL FROM UNOCCUFIED PREMISES BY ORDER OF CORPORA.TION COURT; PRO- VIDING F0R RULE OF EVIDENCE OF ABANDONMENT; PROVIDING FOR A FINE NOT TO EXCEED $200.00; PROVIDING FOR A CUMULATIVE PRO- VISION; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF JUNE 24, 1968, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 'PPRIS: ARTICLE I TITLE The title of this Ordinance shall be "Junked Motor Vehicle Regulations," and it may be cited as such, ARTICLE II ••-DEFINITIONS For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein, When not inconsistent with the context, words used in the present tense shall include the future; words used in the plural number include the singular number; and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory; (a) Junked Motor Vehicle - Any motor vehicle, as defined in Section 2 b, Article II of the Traffic Code of the City of Paris, Ordinance No. 1406, which does not have lawfully affixed thereto both an un•. expired license plate or plates and a valid motor vehicle saf ety inspection certificate, and the con- dition of which is one or more of the followingo 1. Wrecked 2, Dismantled 3. Partially dismaxitled 4. Inoperative 5, Abandoned 6, Discarded Exceptions: The provisions hereto shall not apply to: A. Any motor vehicle in operable condition specifically adapted or constructed for racing or operation on privately owned drag strips or raceways; B. Any motor vehicle retained by the owner for antique collection purposes rather than fo r salvage or for transportation; nor C. Any motor vehicle stored as the property of a member of the Armed Forces of the United States who is on active duty assignment. (b) Person Any individual, firm, partnership, assoca.a- tion, corporation, company or o rganization of any kind, ARTICLE III JUNKED MOTOR VEHICLES DECLARED A PUBLIC NUISANCE The presence of any junked motor vehicle on any private lot, tract or 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 to cause or maintain such a public nuisance by wrecking, dismantling, partially dismantling, rendering inoperable, abandoning or discard- ing any motor vehicle on the real property of another or to suffer, permit or allow any junked motor vehicle to be parked, left or maintained on his own real property, provided that this Article III shall not apply with regard too lo Any junked motor vehicle in an enclosed building; 2. Any junked motor vehicle on the premises of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise; or 3. Any junked motor vehicle in an appropriate storage place or depository maintained at a location offi- cially designated and in a manner approved by the City of Paris:.. ARTICLE IV JUNKED MOTOR VEHICLES - NOTICE TO OWNER OR OCCUPANT TO ABATE PUBLIC NUISANCE ON OCCUPIED PREMISES Whenever any such public nuisance exists on occupied pre- mises within the City in violation of Article III hereof, the Chief of Police or his duly authorized agent shall order the owner of the premises, if in possession thereof, or the occupant of the premises whereon such public nuisance exists, to abate or remove the same. Such order shall: 1. Be in writing; 2. Specify the public nuisance and its location; 3. Specify the corrective measures required; 4. Provide for compliance within ten (10) days from service thereof. Such order shall be served upon the owner of the premises or the occupant by serving him personally or by sending said order by cer» tified mail, return receipt requested, to the address of the pre~ mises. If the owner or occupant of the Fremises fails or refuses to comply with the order of the Chief of Police or his d* au- thorized agent within the ten (10) day period after service there•» of, as provided herein, the Chief of Police or his duly authorized agent shall take possession of said junked motor vehicle and remove it from the premises. The Chi.ef of Police or his duly az thorized agent shall thereafter dispose of said junked motor vehicle in such manner as the City Council may provide. However, if the owner or occupant of said premises so desires, he may, within sai.d ten (10) day period after service of notice to abate the nuisance, request of the Clerk of the Corporation Court of the City of Paris, either in person or in writing and without the requirement of bond, that a date and a time be set when he may appear before the Jucige of the Corporation Court for a trial to determine whether or not he is in violation of this Ordinance; and said trial shall be set as pro•• vided i.n Article VI hereof. ARTICLE V- JUNKED MOTOR VEHIC LES NOTICfi TO OWNER TO ABATE PUBLIC NUISANCE ON UNOCCUPIED PREMISES Whenever any such public nusance exists on unoccupied pre. mises within the City in violation of Article III h(m--of, and the owner thereof can be found, the Chief of Police or his duly au. thorized agent shall order the owner of the pr emises whereon such public nuisance exists, to abate or remove the same. Such order shalle 1, Be in writing; 2. Specify the public nuisance and its location; 3. Specify the corrective measures required; and 4. Provide for compliance within ten (10) days from service thereof. The order shall be served upon the owner of the premises by serv- ing him personally or by sending said order by certified mail, return receipt requested, to his address as shown on the currect tax rolls of the City of Paris, Texas, If the owner of the pre- mises fails or refuses to comply with the orde:' of the Chief of Police or his duly authorized agent within the ten (10) day period af ter service thereof, as provided herein, the Chief of Police or his duly authorized agent shall take possession of such junked mo- tor vehicle and remove it f rom the premises, The Chief of Police or his duly authorized agent shall thereafter dispose of said junked motor vehicle in such manner as the City Council may pro•• vide. However, if the owner of said premises so desires, he may within said ten (10) day period after service of notice to abate the nuisance, request of the Clerk of the Corporation Court of the City of Paris, either in person or in writing and without the re«- quirement of bond, that a date and a time be set when he may appear before the Judge of the Corporation Court for a trial to determine whether or not he is in violation of this Ordinance; and said trial shall be set as provided in Article VI hereof. ARTICLE VI JUNKED MOTOR VEHICLES PRELIMINARIES TO TRIAL IN CORPORATION COURT Upon receiving a request for trial, made pursuant to Article IV or Article V hereof, the Clerk of the Corporation Court shall set a date and a time for such trial on the Court Docket, The Clerk of the Corporation Court shall notify the City Attorney of the date and time of such :hearing. The City Attorney shall cause to be prepared, filed, and served on the defendant, a written complaint charging that the owner or occupant of the premises, as the case may be, has violated this Ordinance. After service, such complaint shall be on file with the Clerk of the Corporatio n Court not less than ten (10) days prior to the date of trial, ARTICLE VII - JUNKED MOTOR VEHICLES - TRIAL IN CORPORATION COURT The Judge of the Coxporation Court shall hear any case brought before said Court, as set out herein, and shall determine whether or not the def endant is, in fact, in violation of this Ordinance. Upon a finding that said defendant is in violation of this Ordinance, said defendant shall be deemed guilty of a misde. meanor and subject to a fine in accordance with the penalty provi- sion hereinafter set fKth. The Judge of said Court shall further order such defendant to remove and abate said nuisance within ten (10) days, the same being a reasonable time. If the defendant shall fail and refuse, within said ten (10) days, to abate or reM move the nuisance, the Judge of the Corporation Court may issue an order directing the Chief of Police to have the same removed, and the Chief of Police or his duly authorized agent shall take posses•. sion of said junked motor vehicle and remove it from the premises. The Chief of Police or his duly authorized agent shall thereafter dispose of said junked motor vehicle in such manner as the City Council may provide. ARTICLE VIII - JUNKED MOTOR VEHICLES - 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 nui•• sance, 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 Ordinance. ARTICLE IX n JUNKED MOTOR VEHICLES ~ REMOVAL FROM UNOCCUPIED PREMISES BY ORDER OF CORPORATION COURT If there is a junked motor vehicle, as herein defined, on premises that are unoccupied, and neither the owner of the pre- mises nor the owner of said vehicle can be found and notified to remove same, then, upon a showing of such facts to the Judge of the Corporation Court, the Court may issue an order directing the Chief of Police to have the same removed, and the Chief of Police or his duly authorized agent shall take possession of said junked motor vehicle and remove it f rom the premises, The Chief of Police or his duly authorized agent .shall thereafter dispose of said junked motor vehicle in such manner as the City Council may provide. ARTICLE X- EVIDENCE OF ABANDONMENT If a junked motor vehicle, as defined in this Ordinance, has been situated on the private property of another, witizout such per.• son's permission, for a period of sixty (60) days or longer, this fact shall be rp ima facie evidence that the owner of said vehicle has abandoned the same. ARTICLE XI - PENALTY Any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be sub- ject to a fine of not more than ~200.00. Each transaction in vio. lation of any of the provi.sions hereof shall be deemed a separate offense. ARTICLE XII ~ CUMULATIVE PROVISION That the provi.sions of this Ordinarr e and Ordinance No, 1406 set out above shall be deemed cumulative of the provisions and regu- lations contained in the Ordinances of the City of Paris her einabove referred to, save and except that where the provisions of this ordi•- nance and said Ordinance No. 1406 and the sections thereunder, are in conflict with the provi.sions elsewhere in said Ordinances of the City of Paris, then the provisions contained herein sh all prevail. ARTICLE XIII - SAVINGS CLAUSE It is hereby declared to be the intention of the City Council that the Articles, sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, section or article of this ordinance shall be declared unconstitutional or invalid by the valid judgment or de- cree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, sections and articles of this ordinance, since the same would have been enacted by the City Council without the in•» corporation in this ordinance of any unconstitutirn al or invalid phrases, clauses, sentences, paragraphs, sections or articles, ARTICLE XIV EFFECTIVE DATE This ordinance shall become eff ective on June 24, 1968. Passed and adopted this lOth day of June, 1968. Ja,~'ies R. Moore, D.S,C,, Mayor ATTEST : f ~ H. C. Green16, City Clerk AP OV~ S TO FORM_; Ae ~ T. K. Haynes, City Attorney .Oi~di., I1V AP?. ~~CC f.~U~'dt C?F P~`~~~AS PuL1I$Il@d 1?1 1,I1_, : ~:"Yi~ j'rl'•r'v;~ OIl C-.'`r. i', 3 ri Per~~rf. III, 5ec. 33 , . Ch~rtEr