04-A Junked VehiclesAGENDA INFORMATION SHEET
PROJECT: Consider amendment of Article II of Chapter 19 of Code of Ordinances dealing with the
abatement of junked vehicle nuisances.
BACKGROUND: The City Council has given direction to City staff and to the community that it supports
an aggressive cleanup/fix-up/beautification program for the general overall improvement of the city. As part
of that process, the legal department continues to review potential ordinances which can be revised or
significantly changed to enhance the process of enforcement against junk, litter, and other nuisances. In
November of 2000, the City Council adopted a new Article I! of Chapter 19 regarding the regulation and
abatement ofjunked vehicles, which article conformed to Chapter 683 of the Texas Transportation Code. The
Texas Legislature recently amended Chapter 683, Sections 683.071 and 683.077, which amendments revise
the definitions of"antique vehicle" and "junked vehicle." In order for the City' s ordinance to conform to state
law, the current ordinance must be revised to incorporate these amendments. Accordingly, the enclosed
ordinance is presented to the City Council for review.
DESCRIPTION: The enclosed ordinance would revise Section 19-16, Article I! of Chapter 19, which deals
with junked vehicles to make it consistent with recent legislative amendments to state law.
Specifically, the definition of"antique vehicle" has been amended to mean a vehicle over 25 years old. Under
existing law, an antique vehicle is defined as a vehicle over 35 years old. Additionally, the definition of"junked
vehicle" has been amended. Prior to the amendments, a vehicle was a junked vehicle if it fit one of four
definitions: 1) wrecked, 2) inoperable, 3) lacking a valid inspection sticker, or 4) lacking current registration.
The new law defines a junked vehicle as one that is first wrecked or inoperable. Secondly, the vehicle must
also be lacking a valid vehicle inspection sticker or current registration. The new definition is more restrictive,
requiring a two part showing.
RECOMMENDED ACTION: Review, consideration, and approval of the proposed amendments.
STAFF CONTACT: Larry W. Schenk, City Attorney; Stephanie H. Harris, Assistant City
Attorney/Prosecutor; Karl Louis, Chief of Police; Michael E. Malone, City Manager
COST: The proposed amendment will result in no additional cost to the City.
SCHEDULE: Adoption of the updated ordinance in the near future is necessary to bring the City's ordinance
into conformance with State law.
COUNCIL DATE: Consider for approval at City Council's September 10, 2001, regular Council meeting.
ADDITIONAL MATERIALS: See attached draft ordinance.
DRAFT
ALICE\ORDWORK\CURRENT~Iunked Vehicles Amendment 2001
August 31, 2001
ORDINANCE NO.
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 of the 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 of the City, protect and preserve the public health, safety, and
welfare, and generally improve the overall appearance of the 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.
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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:
"ARTICLE II. JUNKED VEHICLES
"Sec. 19-16. Definitions.
"Antique Vehicle.
"dunked Vehicle.
"(a)
"(b)
A passenger car or truck that is at least 25 years old.
"(1)
"(2)
is
A vehicle that is self-propelled and:
does not have lawfully attached to it:
an unexpired license plate; or
a valid motor vehicle inspection certificate; and
(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 of the remaining phrases, clauses, sentences, paragraphs, or
sections of this ordinance, and such remaining provisions shall remain in full force and effect.
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Section 4. That Section 2 of this ordinance notwithstanding, the amendmem of Article II of
Chapter 19, Section 19-16 of the Code of Ordinances of the 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
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.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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